Pritchett v. Edwards

Citations

• 26 Wash. 32
• 66 P. 148
• 1901 Wash. LEXIS 601

Syllabus

<p>WILLS — CONSTRUCTION'—GOVERNED BY SITUS OF REALTY.</p> <p>A devise of real property is governed by the law of its situs, and not by that of the testator's domicile.</p> <p>SAME-STATUTE OF USES-APPLICATION TO CHARITABLE TRUSTS.</p> <p>The statute of uses (27 Hen. VIII., ch. 10), which provides that title conveyed in trust passes no estate to the trustee, but vests at once in the cestui que trust, has no application to a devise for public charitable uses.</p> <p>SAME — CHARITABLE USES — DEVISE FOR SECTARIAN SCHOOL.</p> <p>A bequest was for charitable uses, where the devise was to trustees, in trust “for the proposed Congregational Academy, in or near the city of Spokane, Washington, contemplated to be started and equipped by or under the auspices of the Congregational Churches,” and, in case it should not be incorporated, then the property should go to the same trustees, “in trust for such other charitable purpose and uses as they may see fit.”</p> <p>SAME — UNCERTAIN CHARITABLE PURPOSE — EFFECT OF DESIGNATION OF TRUSTEES.</p> <p>A devise of property to certain trustees, giving them power to use the bequest for such charitable purposes and uses as they in their discretion may see fit is not void on the ground of uncertainty or indefiniteness either as to the objects to be accomplished or as to the beneficiary.</p> <p>TRUSTS — JURISDICTION OF EQUITY.</p> <p>Courts of equity take cognizance of trusts for charitable uses under their inherent, original jurisdiction of all trusts, regardless of whether the statute of charitable uses, known as.43 Eliz. ch. 4, has been specifically adopted.</p>