The Questionable Testamentary Gift to Charity: A Suggested Approach to Judicial Decision

TESTATOR who desires to leave property to a public purpose occasionally Adevises or bequeaths it to his government.'More frequently he chooses to channel wealth through the distributive machinery known to the law as "charity."2If he uses dispositive language sanctioned by precedent, he may with assurance be either generals or specific 4 in making his gift.If attacked on the ground that it is not "charitable," that is, not in the public interest, the devise or bequest ordinarily will be upheld.If, on the other hand, the language of the instrument falls short of the conventional, the will requires "interpretation" or "construction" or both.When these processes are invoked in the context of the charitable gift, we encounter judicial utterances commonplace in testamentary cases: The intention of the testator is the polar star of construction. 5Intention is determined * I want to express my gratitude to Alan S.

Ҳали таржима қилинмаган