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Anonymous ID: 48bb13 Feb. 6, 2021, 11 a.m. No.12842306   🗄️.is 🔗kun   >>2357

Charitable Trusts

 

The importance of charitable trusts comes into play with our Express Constitutional trust created by the Preamble. The Founding Fathers, being at effect of the English common law had to create something that would last and still be valid under the law of England.

 

A. A trust is charitable if it is made for a charitable purpose and the ultimate recipients constitute either the community as a whole or an indefinite portion thereof(36)

 

B. A charitable trust has similarly been defined as a gift in trust for the benefit of the public(37)

 

C. "A bequest is charitable if it is made for a charitable purpose, its aims and accomplishments are of religious, educational, political, or general social interests to mankind and the ultimate recipients constitute either the community as a whole or an unascertainable and indefinite portion thereof".(38)

 

The above definitions define and describe the trust established by the Constitutional Express Trust that should apply to us. However, Fourteenth Amendement citizens may be the "public" but they are not the "people", nor are they the posterity, nor are they the heirs or beneficiaries, they cannot receive the charitable benefits of the Express Trust. Why?

 

D. "Charity begins where certainty in beneficiaries ends, for it is the number and uncertainty of the objects, and not the mode of relieving them, which forms the essential element of a charity."(39)

 

If this be the case, you may well re-read the above as…Charity ends where certainty of the beneficiaries begins. The Charitable purposes of the Preamble of the Constitution ENDS with the designation of the Fourteenth Amendment citizen.

 

E. "The following interests are not subject to the common law rule against perpetuities(40)

 

  1. Present interests in possession

 

  1. Charitable trusts

 

F. "The general rule that a gift for charitable purposes of permanent interest and benefit to the public may be perpetual in it duration and is not within the rule against perpetuities.(41)

 

G. "The general test of the nature of a trust as charitable is whether the accomplishment of the trust purpose is of a social interest to the community as to justify permitting property to be devoted to the purpose in PERPETUITY."(42)

 

If the Constitutional Trust was not a charitable trust it would be subject to the rule against perpetuities, which it is not.

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Footnotes :

 

  1. . Estate of McKenzie, 227 Cal App 2d 167, 38 Cal Rptr 496; Ellert v Cogswell 113 Cal 129, 45 P 270.

 

  1. . Estate of Schloss, 56 Cal 2d 248, 363 P2d 875; Re Estate of Sutro, 155 CAL 727, 102 P 920.

 

  1. Estate of Henderson, 17 Cal 2d 853, 112 P2d 605; Estate of Mc Kenzie, infra.

 

  1. Russell v Allen, 107 US 163, 2 S Ct 327; Beatty v Kurtz 27 US 566; Re Estate of Coleman, 167 Cal 212, 138 P 992.

 

  1. : Survey of the Law of Property, Smith & Boyer Second Edition, Library of Congress Catalog Card No. 76-142383.

 

  1. " 15 Am Jur 2d Charities '18.

 

  1. Evans v Newton, 382 US 296, 15 L Ed 2d 373, 86 S Ct 486, on remand 221 Ga 870, 148 SE2d 329 (separate opinion).