Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-06-10


recognized. In the Pandects OF
Justinia We find cases 10 the same
effect as those referred 20, antedat-
ing the adoption Of Christianity as
the religion OF the Empire. Amongst
Others, in the Digest, lib. 80, Ut. :,
law l6, a case Is reported which &C
Cured in the early part Of the third
century, in which a legacy was lett
TO a city in order that from the
yearly revenues games might be
celebrated for the purpose OF preserv-
ing the memory OF the deceased. IL
was not lawful at that time 10 ceie-
brate these games. The question
was, what was 10 be done with TINS
legacy. Modestinus, 4 celebrated
jurist Of authority, replied, ''Since
the testatOr wished games TO be
celebrated Which were not permit
ted, it would be unjust that the
amount which he had destined to
that end should go back 10 the
heirs. Therefore let the heirs and
maguates OF the city be cited, and
let an examination be made 20 as
certain how the trust may be en-
ployed 80 that the memory OF the
| deceased may be preserved in some
other and lawful MANNER" Here
is the doctrine OF charitable uses in
n nutshell.
Domat. the French jurist, writing
on the civil law, after explaining
the nature Of piOus and charitable
uses, and the favor with which they
are treated in the law, says, "If n
pious legacy were destined to some
use which rould not have its effect,
as il n ttstator had left legacy for
building church for n parish, or
an APARTMENT in n hospital, and il
/ happened, either that before his
death the said church, or the said
apartment had been built out Of
some other fund, or that IL was
noways necessary or useful, the
legacy would not for all that remain
without any use; but il would be
laid out on other works Of piciy for
| that Parish, or for that hospital, &C
/ cording 10 the directions that should
DC given in this matter 10y the per
SONS 10 whom this function should
I belOng.' And FOR this principle lac
Z cites passage from the Pandects.
(Domat's Civil Law, book !, title .,
section 6, par. O.
BY the Spanish law, whatever
was given 10 the service Of
God became incapable Of priv
ate ownership, being held
by the clergy rs guardians or
/ trustees; and any part not required
for their own support, and the re
pains, books and furniture Of the
church, was devoted h. works Of
piety, such as feeding and clothing
the poor, supporting orphans, mar
rying poor virgins, reiecmiEg cap
I tives and the like. lPaTtida III.
/ tit. Is, ll.l2-I5.l When property
was given for q particular object, as
a church, 4 hospital, convent. or a
community. etc, and the Object
/ failed, the properly did not revert
to the donor, or his heirs, hut de-
vOlvci TO tire crown, the church or
I other convent UT community, unless
the donation contained an express
condition in writing to the contrary.
| tTapia, FcSrerU NOvisimo. LID. .,
tit. :, cap. -, r 24-26.)
! y ease came before Lord Bacon
in 1919, bloomfield ". Stowe Mar
Eet, Duke, 81, in which lands
had been given before the RefOTma-
ton u lie sold, and the proceeds ap-
piled. one-half 10 the making Of a
highway from the town in which
the lands were, One-fOuTth to the
repair ola church IN that town, and
the other foruth 10 the priest II the
church 10 say prayers for the souls
Of the donor and others. The Lord I
Keeper deCreed the establishment
Of the use for making the highway
and repairing the church. ami dir .
eCiei the remaining fourth (which I
could not, 10y reason Of the change /.
in religion, be applied rs directed /
by the donor to he divided between I
the poor Of the same town and the I.
poor Of the town where the donor ,
inhabited.
In the c7sc Of Balol College,
which came before the Court OF I
ChRncery from time to time for over I
n century and half, the same prin- Z
Ciple was asserted, Of directing a
charity fund 10 a different. though I
analogous use, where the use origin
ally declared had become contrary
to the policy Of the law. There, a
testator In 1919, when episcopacy
was established by law in Scot
land, gave lands in trust to apply
the income 70 the education U!
SC0iChmen at Oxford. with a view
10 their taking Episcopal orders and
settling in Scotland. frUshytcriau-
ism being re-establishCd in scotland
after the revolution Of less, the Oh
ject Of the boquest could not be car
ried into effect; and the Court Of
ChaEcery, by successive decrues Of
Lord Somers and LOni Hariwicke.
directed the income Of the estate
to be applied 10 the education Of a
certain number Of Scotch students
NJ Boliol College, without the Gun
di.iOu Of takiHg on!ers: and. in con-
sideratiOn Of. this privilege. directed !
the surplus Of the income TO he ap-
piled 10 the college library. iSee ,
the cases Of Atty. ten. Y. Guise, =
Nern. lG6; Atty. Gen. Y. BalIo! Col
lege, Q Mod. 417; Atty. Gen. =. Glas- s
gov College, - COllyer, COS: :. ell:
H. l.. Chs. 500. AMI see ahriGg- ,
ment Of the above eases in II Al 5
len, 5sl, $50
Lord Chief Justice Wilniot, i'm ,
his opinion in Atty. Gen. y. Lady |
Downing iWilmot's Notes ami on. 8
/ 30, looking at the case on the :
that the trusts OF the I
will (which were for instituting
collegel were Illegal and void. or Of (
such nature as not nj 10 be carried !
into execution. said: This court I
has long male adistinctiOn between q
uses and mistaken ! {
charitable uses. BY mistaken, ! &
mean such as are repugnant to that n
'ound constitutional policy which {
the Interest, wills, aud 2
wishes Of individuals, when they o
lash with the interest and safety % a
he whole community. Property, il
iesuDed TO superstitious USES, is {,
,iven 10y law of parliament to the n
iing, 10 dispose Of IS he pleasos: and | n
/ falls properly under the coguiz- o
nee OF a court OF revenue. But I
where property is given to mistaken
uses, this court distin- :
.ui-hes between the charity and Ii
he use; and seeing the charitable Il
tquest IN the intention OF the tes- e.
ltor, they execute the intention, n
airy ing the use, as the king. who Is al
he curator Of all charities, and the e
institutional trustee for the per r,
oTmance Of them, pleases 20 direct "
nd appoint" This doctrine Is NJ
ow - fully settled that it cannot be n
eparted from" tIb.J tC
In MOggridge -. Thackwen Il c.
Is. 70, 69l, Lord EIion said: Il 70
ave no doubt that cases much W
der than | shall cite may lie foun.i: II
J! OF which appear 30 prove that il -
letestator has manifested a general N
itentioH TO give 10 charity, the IN
Iilure Of the particular mode in Gu
hich the charif,. - o., 10 fF..r,.,,,f..T q