The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-24
CHAPTER 1871. F. NO sol

CHAPTER 132-H F. NO. S21.
AN AL TO amend the sixth subdivision
Of SECTION 42S4 Of the General Statutes
Of Minnesota for 1894, as amended bv
chapter % Of the laws of 1901 'reIatiI5r
to express trusts.
Be 1t enacted by the legislature of the
State of Minnesota:
Sectlon l. That the sixth subdivision
Of section 1884 OF the General Statutes
of 1894, as amended by chapter % of the
laws OF 1901, be, and the same is hera-
py amended so as to read as follows:'
'SiXth--to receive. by gift, grant, de-
wise or Dequest, to, or in trust for any
person, association, institution or corpora
tlon, pubic or private, municipal or quasi
municipal, or otherwise. or to, or in trust
for, any corporation permitted provided
or directed to be organized in or by any
ment or to or for any charitable henevo-
lent religious or educational use or uses.
purpose or purposes, created or declared,
or attempted to be created or declared
in or by means of, any otherwise duIy,
executed and valid deed, contract, or will:
ana TO take charge of any money
STOCKS, ponds, personal and real estate.
OF either; choses in action, and property
or any and every kind whatever, and in
vest, relnVest and apply the income. or
net income thereof or the principal and
the income, or net income thereof for
tle benefit of any public library asSocft-
ton, In any city or village; or any pub
nc cemetery association, located within
the limits or within ten miles of the
corporate limits of any such city or vii
lage; or to, or for, or in favor Of
any OF the uses and purposes men
+ of chapter 81; nor shall any
such instrument, nor any such
gift, grant, devise or bequest be- or ba
deemed, invalid, by reason of the in
dehnIteneSS or uncertainty Of the person
or persons, class or classes object or
OBJECTS, purpose or purposes, DESIGNATED
or attempted to be designated, in such in
SUI Inehti provided the general purpose
or intention of the donor. howsoever ex-
pressed, be sufficiently indicated so that,
either from express declaration therein
or from his circumstances, relations and
condition. and the nature of the benefac-
ton, such intention-aS to amount gen
eral purpose, and medium or means OF
ACCOMPLISHMENTS reasonably capable OF
being deduced, identified and carried into
practical effect, and without regard to
the position, station or character-Oficial,
ministerial, personal or otherWise-of the
person or corporation by whom or which.
or the nature or character of the act
proceeding or ceremony through which IL
appears from such declaration or from
such intention or general purpose so as
certalned as aforesaid, such general pur-
pose was expected to be carried out If
IN any such instrument there be a trustee
named TO execute the same, or to aid in
executing the same in whole or in part
then the legal title 10 the property so
given, granted. devised or bequeathed, or
attempted so to be, shall vest In such
trustee, and the successor or successors
OF such trustee, charged with the wishes.
trust and will declared by the maker OF
Such instrument. If no trustees be named
or if trustees be named, and to succeed
the duties or holding OF the trustees a
corporation be permitted provided or df-
rected by such instrument to be or
gained to carry out the trust, wishes and
Will IN whole or In part, Of the maker
OF such instrument. then such title Shall
vest in, or such donation take effect I'm
favor of such corporation and its sue
cessOr, or successors, when ii is
formed; but If no trustees be named or
no corporation be permitted. provided or
directed TO receive such donation, then
the legal title 10 all such property shall
vest In the district court, and such court
shall have control thereof. In any such
case, such trustees, or such corporation
when formed, and the successor or sue
ceSSOrS Of each respectively, or the dis
trict court, as the case may be, shall have
the power, authority and Jurisdiction to
administer such trust, and the property
thereof, charged with the wishes trust
and will declared by the maker in sucn
instrument. And in every case the court
snail have the same power in respect Of
every such instrument, gift, grant de-
wise and Dequest, and every trust in re-
latlon thereto, as is conferred upOu IL In
respect OF any and all other trusts: and,
IN addition thereto, whenever it shall ap-
pear to the court that the circumstances
are such IN the case of an instrument
containing a gift, grant, bequeSt or de-
wise TO or in favor of an educational. re-
charitable or benevolent use or
purpose, as to render impracticable or I'M
terms of such instrument, the court may,
upon the application of the trustee, or OF
any person or corporation having the
custody of the property, or claiming to be
interested in or under the terms OF such
instrument, upon such notice as the court
shall direct, in accordance with law and
its practice in other cases, hear and de-
termine the matter presented by such APP
plication; and. If the court shall find that.
according to the rule of construction
above provided, it is possible, reasonably
and approximately to determine the
proper construction of such instrument
so as to practically accomplish the gen,
eral purpose of the testator or grantOr.
the court shall make an order directing
that such gift. grant. bequest, or devise
shall be administered. applied or expended
In such manner as. in the judgment of the
court, will most effectually accomplish the
general purpose of the instrument. with
out regard to, and free from any specido
Limitation or direction con-
tanned therein; provided. however, that
no such order shall be made without the
constant OF tha donor or Erantnr of tia 1