Legal Opinion · Dissent

Boyd v. Frost National Bank of S.A.

Texas Supreme Court

Decided July 10, 1946No. A-630Published

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

  1. Tilden v. . GreenNew York Court of Appeals · 1891
  2. Estate of HinckleyCalifornia Supreme Court · 1881
  3. Harrington v. PierWisconsin Supreme Court · 1900
  4. Fontain v. RavenelSupreme Court of the United States · 1855
  5. Powers v. First Natl. Bank of CorsicanaTexas Supreme Court · 1942

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