People ex rel. Ellert v. Cogswell

Citations

• 113 Cal. 129
• 45 P. 270
• 1896 Cal. LEXIS 755

Syllabus

<p>Charitable Trust — Cogswell Polytechnic College — Act of 1885 — Constitutional Law.—The charitable trust created by the deeds of Henry D. Cogswell and his wife Caroline E. Cogswell, for the founding of a polytechnic college, for the spread of technical knowledge, and for gratuitous instruction in the mechanical arts of the boys and girls of the state of California, is in conformity with the act of 1885 to advance learning, the arts and sciences, and to provide for the creation of trusts for the founding, endowment, erection, and maintenance within this state of universities, colleges, schools, seminaries of learning, mechanical institutes, etc., and that act is constitutional, and does not controvert section 9 of article XX of the constitution, forbidding perpetuities except for eleemosynary purposes.</p> <p>Id.—Action by State—Enforcement of Public Trusts—Duty of Attorney General.—It is not only the right but also the duty of the attorney general to institute an action in the name of the state to enforce public charities or trusts, or to remedy abuses in their management.</p> <p>Id.—Trust not Void, for Uncertainty—General Designation of Beneficiaries.—The Cogswell trust is not void for uncertainty in designating its beneficiaries as “ the boys and girls of California,” but the very vagueness and uncertainty as to individuals and numbers is a necessary element in the creation of a valid charitable toast, and it is sufficient for the founder to describe the general nature of the charitable trust, and to leave the details of administration to be settled by trustees under the superintendence of a court of chancery. ■</p> <p>Id.—Construction of Constitution—Perpetuities for “ Eleemosynary Purposes.”—The term “ eleemosynary,” in the state constitution forbidding perpetuities “ except for eleemosynary purposes,” is not confined to almsgiving or charity shown exclusively to the poor; but the phrase “ eleemosynary purposes” includes in its scope all charitable purposes,