New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-08
SELECTIONS FROM THE MAIL
CHARITABLE BEQUESTS.
LAW PROPOSED TO REMEDY DEFECTS IN WILLS
AND TO CARRY OUT THE WISHES

ALAw PROPOSED TO REMEDY DEFECTS IN WILLS
AND TO CARRY OUT THE WISHES
OF TEsTAToRs.
TO the Editor Of The TIL b u g
Sir: Since the failure OF the Tlldcn Trust through
the action of the courts II question of serious
Importance how charitable bequest can be maze III
a viii without its running the gauntlet of litigation
III a testator fails to determine who shall have MS
estate he ought be allowed to say who shall not
have IL. But fa the ltigatons had on Wills or 10
vacate the charitable gifts In them, in case OF success
it often nures TO the benefit of the least deserving
The cy prus doctrine prevailing I'm England, in leaving
no charitable beQucst 60 fail from the iOdehnencss
in describing the benefciaries the failure to name
competent trustee. hut leaving the Court OF ChanceT
TO appoint trustee and TO direct as TO benehclarS'
is not held in this State. But am satisfied that
some provision by statute covering its Office would
secure Justice, promote charity, cndow tSsttutons
on which our civilization and progress depend Inc
owner of the property parts with IL by the terms OF
his will, and the legislation proposed only
seeks TO cure the inirmities OF his VIII
and realize his wishes. If the state should
keep the legacies for public purposes, they would
como escheats for the lack OF owners ine
State in such case would not beyond the prnclpe
In the Succession tax levied on estates OF oeeeoss'
In this IL would be less violent as only cohscrpV
ing a waf floating the stream. -,
A special benedt of the legislation suggested will
be TO take away the mOye Tor the iafse % rss ol
for the defeat of charity lcsaces what appears 70
be sufficient legislation TO meet THESE neccsslueS IL
submitted 10 fine NewYork Bar Association and Others
in the profession as formulated below.
JOHN NJ. STEARNS,
New ork, Nov. A, 1891. Counsellor nj Law.
ANY beques legacy or devise contained in any duly
executed last will and testament made or 10 be ad-
ninistered within this state, to designated public
charity charitable corporation charitable interest
not duly Incorporated and the proposed beneficiary
shall he aGtudged by competent court incapable to
take or hold such legacy devise or for any other
cause. such legacy shall not be upheld such legacy
devise shall not become void, so as TO descend 70
the heirs at law next OF kin, or fall into the
rcsduary estate Of the testaor but shall vest in the
People OF the state of New York. and be he'd other
property and public moneys held, subject TO ap-
propriation by the Legislature.
g. The LEGISLATURE, in its discretion may by en-
sctment relieve the disability Of any charitable in
corporation, legaee deviSee named in WILL or
create such corporation with franchises 10 answer the
purposes of any gift devise in any last Will and
testament, and when such corporation may be per
fected created ii shall be competent TO take from
the state, when duly appropriated, the money or
property vested in the state, under the first section
ef this act through defect failure In will, and
hold the for the and purposes described In
the original legacy