Boyd v. Frost National Bank of S.A.
Texas Supreme Court
1DissentJustice Slatton
In my opinion the trust attempted to be created should be held void because the language employed is too vague, indefinite and uncertain to create a valid charitable trust. This view was entertained by the trial court.
Courts upholding a general charitable trust consist of jurisdictions where the legislature has adopted the English statute of charitable uses (43. Elizabeth) as a part of the common law, or have by legislative action validated indefinite bequests for charity.
Texas has not adopted the English statute of charitable uses as a part of the common law. 9 Texas Jurisprudence, 310, Sec.…
2Cases cited50 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Estate of HinckleyCalifornia Supreme Court · 1881
- Harrington v. PierWisconsin Supreme Court · 1900
- Fontain v. RavenelSupreme Court of the United States · 1855
- Powers v. First Natl. Bank of CorsicanaTexas Supreme Court · 1942
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