 Basic categories of charitable purposes:  Relief of poverty  Advancement of education  Advancement of religion  Promotion of health  Government.

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Presentation transcript:

 Basic categories of charitable purposes:  Relief of poverty  Advancement of education  Advancement of religion  Promotion of health  Government or municipal purposes

 General rule = sufficiently large or indefinite class of beneficiaries so community is interested in enforcement of trust.  But, see notes 1-3, p. 105.

 Statute which limits gifts to charity under specified circumstances.  Often held to be unconstitutional under 14 th Amendment’s equal protection clause.  Texas does not have one.

 Altruistic motive  Who determines?  Court, or  Settlor?

 “Generally accepted”  Marsh – p. 106  Advancement of ideas  Held by many?  Unique to settlor?  Whims?  Religious purposes

 Tax benefits  Successor trustees (§ (b))  Enforcement by attorney general  Cy pres to prevent lapse  RAP not applicable  Split interest trusts