Horace Gray

“ The alternative that the trust expressed in Forrest's deed was not a charitable use, but was void as tending to create a perpetuity, and that the trustees, immediately upon the execution and delivery of the deed to them, held the land subject to a resulting trust for the grantor and his heirs, would be wholly inconsistent with the position always taken by the defendant, Grimshaw, and by the trustees and the society under whom he claims title, and could not, therefore, inure to his benefit by way of defense to this suit, on the ground of laches or otherwise. ”

“ Although that paper is not in the record, the terms of those deeds clearly show Cummings to have been a mere trustee to bring suit and to sell the land for the benefit of the other plaintiffs, and not in his own behalf, notwithstanding the allegation in the bill thereafter filed by him alone, and voluntarily dismissed upon the filing of the present bill, that by those deeds the whole beneficial interest and estate vested in him. ”

“ Justice North said: 'In my opinion, a direction that in a particular event a fund shall go in the way in which the law would make it go in the absence of such a direction cannot be said to be an invalid gift, or contrary to the policy of the law.' And in Bowen's Case Mr. Justice Sterling said: 'As property may be given to a charity in perpetuity, it may be given for any shorter period, however long ”