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[Title]
ĶϾ Ź ͽŹ
Start →

C.         INDEFINITE BENEFICIARIES

Beneficiaries of a charitable trust must be indefinite.

For example,

a trust
        a) to assist needy migrant farm workers

1) meets this test,
2) because the permissible recipients are an unnamed and changing class.

But if particular individual farm workers were
        a) the designated beneficiaries,

1) even if they were very needy,
2) the trust would not qualify as "charitable"
        a) because of the absence of an indefinite or changing group of beneficiaries.

Note that :

the indefinite class can be quite small.

Examples:   1) A trust to assist needy children of persons convicted for participating in political demonstrations qualifies as charitable.

        The entire community benefits when any needy group receives necessary sustenance, education, etc.

        2) Trusts to aid victims of a certain disaster (e.g., a fire or a hurricane) are charitable even though, in a sense, the beneficiaries are a fixed group.

D.         ENFORCING CHARITABLE TRUSTS

1.         Settlor and Potential Beneficiaries Have No Standing to Sue Charitable Trustee


Because the purpose of a charitable trust is
        a) to benefit the community,

1) the courts consider
        a) the community at large
                i) the beneficiary of a charitable trust rather than
        b) the particular individuals
                i) who happen to receive benefits from it.

The settlor of a charitable trust is deemed
        a) to have no greater interest
                i) in the performance of a charitable trust
                ii) than any other member of the community, and
1) therefore may not maintain an action for its enforcement.

Nor may any potential recipients of the charitable trust maintain such an action.

Note: Under the UTC,

        a) the settlor and
        b) qualified beneficiaries (i.e.,
                i) current beneficiaries and
                ii) first-line remaindermen)

1) have standing
        a) to bring suit
                i) to enforce a charitable trust. [UTC סlJO(d), 405(c)]


Example:    S creates a trust to provide scholarships for Spanish-speaking residents of Chicago.

        S has no standing to bring suit against the trustee concerning administration of the trust, nor does Juanita Hernandez, who lives in Chicago and claims that she has been discriminated against in not receiving a scholarship from the trust.

2.         Charitable Trusts Enforceable by State Attorney General

In many states,

the duty to enforce charitable trusts is placed upon
        a) the state's attorney general.

Thus, in the above example, the settlor or Juanita Hernandez would have to persuade the attorney general to look into the matter.

E.         RULE AGAINST PERPETUITIES

Charitable trusts may be perpetual.

The Rule Against Perpetuities does not apply to charitable trusts.

Also, under the "charity-to-charity" exception to the Rule,

1) the Rule Against Perpetuities does not apply to transfers
        a) where a limitation is used
                i) to shift the beneficial interest
                        (a) from one charity to another
                        (b) on the happening of a remote condition.

Note carefully, however, that :

the Rule will apply
        a) to a limitation
                i) shifting the interest
                        (a) from a private use to a charitable use or
                        (b) from a charitable use to a private use.


Examples:    1) "To the Cook County YMCA for so long as the premises are used for YMCA purposes, and if the premises shall ever cease to be so used, then to the Cook County United Fund.

         The gift is valid under the charity-to-charity exception.

        2) "To the Cook County YMCA, its successors, and assigns; provided, however, that if the premises ever cease to be used for YMCA purposes, then over to Joan Smith, her heirs, successors, and assigns.

         The gift over violates the Rule; the invalid interest is stricken , and the Cook County YMCA has a fee simple absolute.

        3) "To Joan Smith, her heirs, successors, and assigns for so long as the land is used for residential purposes; and if the land ever ceases to be used for residential purposes, then over to the Cook County YMCA."

        The gift over violates the Rule; Joan Smith has a fee simple determinable and the grantor has a possibility of reverter.

F.         CYPRES


Because a trust for charitable purposes may be perpetual,

1) it often happens that
        a) the specific charitable purpose
                i) indicated by the settlor

            is
                i) accomplished or
            becomes
                ii) impracticable.

In such a case,

where the settlor had a general charitable intent,

1) the court will
        a) direct that
                i) the trust property be applied to another charitable purpose
                        (a) as close as possible
                                (i) to the original one, rather than
        b) permit the trust
                i) to fail and
                ii) become a resulting trust (see VIII.B.2.c., infra).

1.         Rationale

The idea
        a) underlying cy pres
        b) (translated, it means "as near as possible")

1) is this:

        a) The settlor had a general charitable intent
                i) as reflected by the trust (such as
                        (a) the curing of disease,
                        (b) the dissemination of knowledge, or
                        (c) the promulgation of a particular religious faith).
        b) To carry out her general charitable objective,
                i) she selected this particular agency
                        (a) as trustee or
                        (b) as the beneficiary.

        c) But her general charitable intent should not be frustrated
                i) because this secondary intent
                        (a) (that the named trustee or beneficiary be the agency
                                (i) for carrying out these objectives)

                   can no longer be accomplished.

        d) Instead, the court will select another trustee or beneficiary (i.e., agency)
                i) whose work will most closely approximate the general objectives
                        (a) sought by the settlor.



2.        Finding of General Charitable Intent Required

Where the specified charitable use is no longer
        a) possible or
        b) practical,

1) the court must decide
        a) whether the settlor
                i) intended the trust
                        (a) to fail or
                ii) would have wished
                        (a) the property devoted to a similar use.

Of course,
where the settlor has provided for such a contingency,

1) her direction controls.

The fact that
        a) a gift is given "on condition" that
                i) it be used for a specific charitable purpose

1) has not precluded a finding of
        a) general charitable intent.

Where a specific intent alone is found,

1) the trust
        a) fails and
        b) passes
                i) as a resulting trust
                ii) to the settlor's successors in title.

The fact that
        a) a resulting trust would be impractical
        b) because
                i) through the passage of time
                ii) those entitled
                        (a) are numerous and
                        (b) would take small shares

1) often influences a court
        a) to find a general charitable intent.

3.         Selecting a Purpose "As Near As Possible

In formulating an alternative use for the trust property,

1) the court must determine
        a) the settlor's primary purpose,
2) although her other purposes should be taken into account.

Example:   Where funds were given to a church to build a memorial hospital for tuberculosis patients,

        in formulating an alternative use it must be decided which of the settlor's purposes she considered most important: 1) the church as recipient, 2) the memorial nature of the building, or 3) the medical nature of the gift.

4.         Compare -Equitable Deviation

Even if
        a) the court refuses to apply cy pres
                i)because the purpose of the trust can still be carried out

1) it can,
        a) by exercising its equitable power,
        b) authorize equitable deviation
                i) from an administrative term of the trust.


Example:    Assume a trust is created for the benefit of students in Greenville City High School.

        The city high school district is subsequently consolidated with the county high school district.

        Equitable deviation may be applied, extending benefits to students in all high schools in the county. (However, there is some judicial disagreement over whether a geographical limitation is an administrative term of the trust.)

G.         HONORARY TRUSTS


An "honorary" trust is a trust
        a) that
                i) is not for charitable purposes and
                ii) has no private beneficiaries.

Examples are trusts
        a) for maintenance of a cemetery plot and
        b) trusts for pets.

These are called "honorary" trusts
1) because there is no beneficiary
        a) who can enforce the trust
                i) by bringing an action against the trustee;
2) the trustee is on her honor
        a) to carry out the trust.

← End



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