Indefiniteness
• Morice v. Bishop of Durham
• Thinks making charitable contribution but doesn’t create trust
• Resulting trust FBO her estate implemented
• To survive indefiniteness must:
- Designate beneficiary
- Or approved charity
• Could also just make outright bequest
• Morice is going to vanish
• See Leach, n. 1, p. 576 – why didn’t bishop have power of appointment?
• AG enforces on behalf of charities/education/religion (what about church/state distinction?!)
• Charitable contributions/trusts escape the Rule Against Perpetuities (RAP)
• Texas trying to eliminate RAP for everyone
• Lefkowtiz
• AG argues Cornell either:
- Promised to continue research OR
- By actions showed they would do so
• These promises are enforceable but Court says didn’t promise
• Get all charitable contributions clearly expressed in writing
- E.g. “Gift subject to charitable restriction”
• Examples:
• To A ? outright bequest
• To A but hope will be generous ? outright gift
• To A but direct A to pay $200 to B per month ? outright bequest subject to mandatory charge
• To A, in trust, to pay income to B, remainder to R ? private express trust
• To A in trust to promote research in tort reform ? charitable trust
• To UT for research in tort reform ? gift subject to charitable restriction
• To UT law school
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