Horace Gray

“ The law of Missouri, as declared by the supreme court of that state, sustains the validity of this gift. In Chambers v. St. Louis, 29 Mo. 543, a devise and bequest to the city of St. Louis, in trust 'to be and constitute a fund to furnish relief to all poor emigrants and travelers coming to St. Louis on their way bona fide to settle in the west,' which was objected to for indefiniteness in the object, as well as for want of capacity in the trustee to take, was held to be valid. ”

“ An act incorporating the trustees was passed and the hospital was established. A majority of the court held that the trustees took personally and not in their official capacities, and that upon their incorporation the legal title vested by way of executory devise in the corporation as against the heirs at law; and the dissenting judges differed only as to the legal title, and not as to the validity of the charitable trust. ”

“ Kurtz, 2 Pet. 566, the owners of a tract of land (afterwards part of Georgetown) laid it out as a town, and made and recorded a plan of it, marking one lot as 'for the Lutheran church;' and the Lutherans of the town, a voluntary society not incorporated, erected and used a building upon this lot as a church for public worship, and fenced in and used the land as a church-yard, for the burial of others as well as of Lutherans, for 50 years. ”

“ Where not prohibited by statute, a devise or bequest for such a purpose is a good charitable gift. Nightingale v. Goulburn, 5 Hare, 484, and 2 Phil. 594; Dickson v. U.S. 125 Mass. 311.
In Ould v. Washington Hospital, 95 U.S. 303, a citizen of Washington devised land in the District of Columbia to two persons named, in trust to hold it 'as and for a site for the erection of a hospital for foundlings,' to be built by a corporation to be established by act of congress and approved by the trustees or their successors, and, upon such incorporation, to convey the land to the corporation in fee. ”

“ The plaintiffs appealed to this court. Pending the appeal, Allen has died, and his executors have been made parties in his stead.
The deeds of gift state that they are made 'chiefly for the purpose of founding an institution for the education of youth in St. Louis county, Missouri;' they convey the property to Horner and his successors in trust 'for the use and benefit of the Russell Institute of St. Louis, Missouri;' they direct him to sell the property and account for and pay over the proceeds 'to Thomas Allen, president of the board of trustees of the said Russell Institute of St. ”