A Practical Treatise of the Law of Mortmain, and Charitable Uses and Trusts; With an Appendix of Statutes and Forms
General Books LLC, 2009 - 780 pages
This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1836. Not illustrated. Excerpt: ... SECTION II. Cases where Charities are entitled to the whole Income of Estates, or to Fixed Payments only. 1. Where the whole rents are devoted to Charily. 2. Usage admitted in construing Charitable Gifts, p. 562. 3. Where the Donee of the Fund is entitled to the Surplus Rents, subject to Fixed Payments, p. 567. 4. Of the Acceptance of Estates given in Trust for Cha rities, p. 595. 1. Where the whole rents are devoted to charity. In consequence of many charitable donations having been made at a distant period, the value of estates devoted to charitable purposes has greatly increased since the deeds of foundation; and in many instances the corporations or trustees, in whom the estates were vested, have applied only so much of the rents as was originally appropriated, and retained the surplus for their own benefit. Hence many suits have been instituted for the purpose of compelling the application of the increased value to charitable purposes; and, in some instances, such trustees have successfully maintained that they were entitled to the surplus, after applying the particular sums mentioned in the gift; but, in other cases, it has been decided that the whole rents are applicable to charitable purposes. It is obvious that questions of this sort must depend upon the intention of the donor; and in order to ascertain upon what principles the courts have acted in deciding such questions, it will be necessary to examine the" facts and circumstances of the decisions with some degree of minuteness. 15; cited 7 Ves. 58 n.; 10 Ves. 538; 16 Ves. 47; 3 Mer. 19. The decree of the master of the rolls, after directing the usual accounts and arrangements of the testator's assets, directs as follows: "And what shall appear to be the neat surplus of the monies arising from the rea...
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