17 Utah 331 | Utah | 1898
It appears from this record that William Carter Staines, late of Salt Lake City, made his will on March 1, 1873, devising certain real estate to his two wives, Lilias and Priscilla, and in which he disposed of his remaining estate as follows: “My will is that my executors
Appellant’s counsel insist that it is uncertain from testator’s language who should hold the residue of the estate as distinguished from the income from it — whether the body known ap the Church of Jesus Christ of Latter-Day Saints or its presiding bishop. The language- clearly says the presiding bishop is to receive it in trust, and this is equivalent to saying he shall hold it in trust.
Counsel also insist that it is uncertain for whose benefit the property must be held after the death of his wives— whether for the Church of Jesus Chrisit of Latter-Day
It is further urged that the clause creates a perpetuity, and that it is therefore void. The estate subjects to the clause is certainly taken out of commerce for a longer period than a life in being and 21 years beyond. It is unalienable for all time, and must be held void if subject to the rule of law forbidding perpetuities. However, that rule does not apply to grants, devises, or bequests to charitable uses.
It is claimed the testator devoted the property in question to charity. This brings us to the question, are the uses expressed in the will charitable? The income provided was to be expended for the benefit of the members of the church. They were to be benefited by devoting it to schools, parks, watering cities, planting' forests, and to acclimatizing foreign plants, or in aid of other enterprises to benefit the same class of persons. By the general expression, “anything else, whereby the members may be benefited,” we are authorized to assume the testator
In Jackson v. Phillips, supra, the court said: “It is well settled that any purpose is charitable" in the legal sense of the word which is within the principle and reason of the statute [43 Eliz. c. 4], although not expressly named in it,” and the illustrations given are: “Gifts for the pro