Docket Number: Bailey and James Bailey, Executors "At this point it should be observed that the cy pres practice is not to be confused with the equitable doctrine of approximation which has grown up in the judicial administration (as distinguished from judicial creation) of charitable trusts. The City of New Orleans v. Hardie, 9 So. That case which held invalid and unenforceable a charitable trust purportedly created by language facially similar to that in the case at bar is effectively distinguished by reference to one overriding core fact. The legacy is not directly to an indefinite class, but directly to a trustee invested with discretionary power to take the money as an endowment fund, and to hold it and invest and reinvest "to the end that the endowment herein made, may effectually be carried out." In Savarika the trust was to benefit "a school for girls at Bougasticon, Macedonia, Greece". 231; Church v. Grant et al., 3 Gray (Mass.) And, moreover, in order to circumvent the operation of the statutes of descent and distribution, we must completely overlook or disregard the common-law rule against perpetuities. Boarman v. A.A. Catlett et al., 13 Smedes M. 149. 848. 468, 162 S.W. Mississippi rules governing charities are derived from unwritten law of England prior to statute of Elizabeth, or from statute of Elizabeth itself. That intent having been divined, our task has merely begun, not ended, for we are charged affirmatively to assure that this dominant intent is given full effect. 578; Cotton v. Harlan, 87 So. [Const. Here there clearly are medical schools within the meaning and contemplation of Bunch's will. 468; Greely v. Houston, 148 Miss. 1, 4 L.Ed. 587; Houston v. Black, 14 So. When this proceeding is started, however, it is necessary to have publication on all heirs and these heirs have six years within which to appear and claim the property as against the escheat proceedings, and would be entitled to come in and claim as such, Less than 5 boys were given the name. The will is subject to construction, and must stand or fall, by the lex domicilii, and only if valid can the subject-matter be transmitted for administration to a foreign jurisdiction. v. Albertson et al., 34 N.Y. 584; Trustees of Philadelphia Baptist Association v. Hart's Executors, 4 Wheat. The chancellor embodied his decision and his reasons therefor in a written opinion made a part of the record in the case. Interact directly with CaseMine users looking for advocates in your area of specialization. 174; Mays Food Products, Inc., v. Gloster Lbr. In the case at bar, and had the Macedonia territory not been exchanged with the Greeks, a Moslem school for the instruction of Turkish girls in the principles of the Koran could have been supported by the vague terms of the will cy pres, and yet no one could for a moment pretend that that was what the testator meant. 14. Nor at what age, or in what class, or creed, or condition, would they be admitted. 307, 317, 371; Crow v. Clay County, 196 Mo. Section 193, Griffith's Mississippi Chancery Practice. contains alphabet). Without question our law vests in persons such as Roxie Bunch the power to create a charitable testamentary trust for the purpose of providing financial aid to medical students. Will the bank do it, or the trustees, and, if so, whence do they obtain their authority?