SEC. 17. The provisions of sections 10, 11, and 16 of this Act shall take effect upon approval of this Act and the remainder thereof shall take effect sixty days after the promulgation of the first regulations made pursuant to section 11 of this Act. Approved July 10, 1957. APPENDIX II STATUTES RESTRICTING GIFTS AT DEATH ("Mortmain" Type Statutes) California (Probate Code, West's, 1956) § 41. Charitable and benevolent devises and bequests; restrictions. No estate, real or personal, may be bequeathed or devised to any charitable or benevolent society or corporation, or to any person or persons in trust for charitable uses, by a testator who leaves a spouse, brother, sister, nephew, niece, descendant, or ancestor surviving him, who, under the will, or the laws of succession, would otherwise have taken the property so bequeathed or devised, unless the will was duly executed at least 30 days before the death of the testator. If so executed at least 30 days before death, such devises and legacies shall be valid, but they may not collectively exceed one-third of the testator's estate as against his spouse, brother, sister, nephew, niece, descendant, or ancestor, who would otherwise, as aforesaid, have taken the excess over onethird, and, if they do, a pro rata deduction from such devises and legacies shall be made so as to reduce the aggregate thereof to one-third of the estate. All property bequeathed or devised contrary to the provisions of this section shall go to the spouse, brother, sister, nephew, niece, descendant, or ancestor of the testator, if and to the extent that they would have taken said property as aforesaid but for such devises or legacies; otherwise the testator's estate shall go in accordance with his will and such devises and legacies shall be unaffected. Nothing herein contained is intended to, or shall be deemed or construed to, vest any property devised or bequeathed to charity or in trust for charitable use, in any person who is not a relative of the testator belonging to one of the classes mentioned herein, or in any such relative, unless, and then only to the extent that, such relative takes the same under a substitutional or residuary bequest or devise in the will or under the laws of succession because of the absence of other effective disposition in the will (Stats. 1931, c. 281, p. 589, § 41, as amended; Stats. 1937, c. 480, p. 1435, § 1; Stats. 1943, c. 305, p. 1296, § 1). District of Columbia (D. C. Code, Ann., 1951 edition) § 19-202 [29:42]. Bequests for religious purposes. No devise or bequest of lands, or goods, or chattels to any minister, public teacher, or preacher of the gospel, as such, or to any religious sect, order, or denomination, or to or for the support, use, or benefit of or in trust for any minister, public teacher, or preacher of the gospel, as such, or any religious sect, order, or denomination, shall be valid unless the same shall be made at least one calendar month before the death of the testator (Mar. 3, 1901, 31 Stat. 1434, ch. 54, § 1635). Florida § 731.19 Charitable devises and bequests. If a testator dies leaving issue of his body, or an adopted child, or the lineal descendants of either, or a spouse, and if the will of such testator devises or bequeaths the estate of such testator, or any part thereof, to a benevolent, charitable, literary, scientific, religious, or missionary institution, corporation or association or purpose, or to this state, or to any other state or country, or to a county, city, or town in this or any other state or country, or to a person in trust for any such purpose or beneficiary, whether or not such trust appears on the face of the instrument making such devise or bequest, such devise or bequest shall be avoided in its entirety within eight months from the death of the testator by one or more of the above specified persons who would receive any interest in the devise or bequest so avoided, by filing written notice thereof in the probate proceedings unless said will was duly executed at least six months prior to the death of the testator, or unless testator, by his will duly executed immediately next prior to such last will and more than six months before his death, made a valid charitable bequest or devise in substantially the same amount for the same purpose or to the same beneficiary, or to a person in trust for the same person or beneficiary as was made in such last will. The making of a codicil within the six-months period before testator's death, which codicil does not substantially change a charitable devise or bequest as herein defined, shall not render such charitable gift ineffective under this section. This section shall not be construed to apply to devises or bequests made to institutions of higher learning. As amended Laws 1945, c. 22783, § 1; Laws 1945, c. 22858, §7; Laws 1957, c. 57-243, § 1. Georgia (Code Ann., 1955 Supp.) § 113-107. (3851) Charitable devises. No person leaving a wife or child, or descendants of child, shall, by will, devise more than one-third of his estate to any charitable, religious, educational, or civil institution, to the exclusion of such wife or child; and in all cases the will containing such devise must be executed at least 90 days before the death of the testator, or such devise shall be void: Provided, however, that when the estate shall exceed $200,000 in value, the restrictions of this section shall not apply to such excess, and in estimating values that of a life estate under the annuity tables shall be included. Idaho (Code, 1948) § 14-326. Devise to charitable uses. No estate, real or personal, shall be bequeathed or devised to any charitable or benevolent society or corporation, or to any person or persons in trust for charitable uses, except the same be done by will duly executed at least thirty days before the decease of the testator; and if so made at least thirty days prior to such death such devise or legacy, and each of them, shall be valid; provided, that no such devises or bequests shall collectively exceed one-third of the estate of the testator leaving lineal descendants, and in such case a pro rata deduction from such devises or bequests shall be made so as to reduce the aggregate thereof to one-third of such estate; and all dispositions of property made contrary hereto shall be void, and go to the residuary legatee or devisee, next of kin, or heirs, according to law [R. S., R. C., and C. L., § 5750; C. S., § 7833; I. C. A., § 14–326]. Iowa (Code Ann., 1950) § 633.3 Limitation on disposal by will. No devise or bequest to a corporation organized under the chapter relating to corporations not for profit or to a foreign corporation of a similar character, or to a trustee for the use or benefit of any such corporation, shall be valid in excess of one-fourth of the testator's estate after the payment of debts, if a spouse, child, child of deceased child, or parent survive the testator. Mississippi (Code 1942, Ann., Recompiled 1956) § 671 Statute of mortmain-bequests valid-devise of land. No person leaving a spouse or child, or descendant of a child, shall, by will, bequeath or devise more than one-third of his estate to any charitable, religious, educational, or civil institution, to the exclusion of such spouse or child, or descendant of such child; and in all cases the will containing such bequest or devise must be executed at least ninety days before the death of the testator, or such bequest or devise shall be void. Provided, however, that any land devised, in accordance with the terms of this section, to any charitable, religious, educational, or civil institution may be legally owned, and held by the devisee for a period not longer than ten years after such devise becomes effective, during which time such land and improvements thereon shall be taxed in the same manner and to the same extent as land held by any others is taxed, unless exempt by some specific statute. Provided further, that within said period of ten years during which such land may be held, the charitable, religious, educational, or civil institution holding the same shall have the power and right to sell and convey the said lands so held, or any part thereof, and its deed of conveyance may be treated as passing such title thereto as was possessed by the testator, or the said land, or any part thereof, may be leased for a length of time not extending beyond the expiration of the period during which it may be legally held by the lessor institution. But if such land be not sold and disposed of within the said period of ten years, then in that event at the expiration of the said period of ten years it shall revert to the heirs at law of the testator under whose will it was devised to the institution holding it, or to the devisees under such will as the case may be. Sources: Codes, 1892, § 4501; 1906, § 5091; Hemingway's 1917, § 3379; 1930, § 3565; Laws, 1940, ch. 318. Cross References: Constitution, § 270; Corporations, §§ 5350, 5351. Montana (Revised Codes of 1947, Ann.) § 91-142 (7015) Restriction to device for charitable purposes. No estate, real or personal, shall be bequeathed or devised to any charitable or benevolent society or corporation, or to any person or persons in trust for charitable uses, except the same be done by will dully executed at least thirty (30) days before the decease of the testator, and if so made at least thirty (30) days prior to such death, such devise or legacy, and each of them, shall be valid; provided that the prohibition contained in this section shall not apply to cases where not more than one-third (%) of the estate of the testator shall be bequeathed or devised for charitable or benevolent purposes, and provided further, that if any such devise or bequest be made in a will executed within thirty (30) days prior to such death and be for more than one-third (%) of the estate of the decedent, the same shall be void as to the excess over one-third (%), but as to that only. New York (Decedent Estate Law, Ann., 1949) § 17. Devise or bequest to certain societies, associations, corporations, or purposes. No person having a husband, wife, child, or descendant or parent, shall, by his or her last will and testament, devise or bequeath to any benevolent, charitable, literary, scientific, religious or missionary society, association, corporation, or purpose, in trust or otherwise, more than one-half part of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of one-half, and no more. The validity of a devise or bequest for more than such one-half may be contested only by a surviving husband, wife, child, descendant, or parent. When payment of a devise or bequest to such society, association, corporation, or purpose is postponed, in computing the one-half part of such society, association, corporation, or purpose, no allowance may be made for such postponement' for any interest or gains or losses which may accrue after the testator's death. The value of an annuity or life estate, legal or equitable, shall not be computed upon the actual duration of the life, but shall be computed upon the actuarial value according to the American Experience Table of Mortality at the rate of four per centum per annum. Such value shall be deducted from the fund or property, which is subject to the annuity or life estate, in order to ascertain the value of a future estate or remainder interest passing to such society, association, corporation, or purpose. As amended, L. 1923, c. 301; L. 1927, c. 502; L. 1929, c. 229, § 3; L. 1936, c. 288; L. 1947, c. 848, § 2, eff. April 14, 1947. Ohio (Page's Rev. Code, Ann., 1953) § 2107.06 Bequest to charitable purpose. If a testator dies leaving issue, or an adopted child, or the lineal descendants of either, and the will of such testator gives, devises, or bequeaths such testator's estate, or any part thereof, to a benevolent, religious, educational, or charitable purpose, or to any state or country, or to a county, municipal corporation, or other corporation, or to an association in any state or country, or to persons, municipal corporations, corporations, or associations in trust for such purposes, whether such trust appears on the face of the instrument making such gift, devise, or bequest or not, such will as to such gift, devise, or bequest shall be invalid unless it was executed at least one year prior to the death of the testator. Pennsylvania (Purdon's Penna. Stat. Ann., 1950, Title 20) § 195. Charitable bequests or devises; requisites. No estate, real or personal, shall be bequeathed or devised to any body politic, or to any person in trust for religious or charitable uses, except the same be done by will at least thirty days before the decease of the testator, which period shall be so computed as to exclude the first and to include the last day thereof; and all dispositions of property contrary hereto shall be void and go to the residuary legatee or devisee, heirs or next of kin, according to law. Title 10, 1957 Supp., § 17. Gifts for charitable and religious uses and promises thereof by decedents-void when. Any gifts for religious or charitable uses hereafter made to take effect in possession or enjoyment at or after the death of the donor shall be void unless made at least thirty days before such death, and any promise hereafter made to give real or personal property for religious or charitable uses shall be unenforceable 1 So in original. Word "or" probably should follow "postponement." unless made at least thirty days before the death of the promisor. The thirtyday periods provided for in this act shall be so computed as to exclude the first and include the last day thereof. 1 Solicitations solely within the membership of the group are exempt. The exemption reads "nationally recognized organizations." Whether this has been considered to include educational institutions which are nationally recognized is not known. It probably is construed so as to not exempt such institutions. Groups are exempt if limiting solicitation to one county only. 4 Only applies to persons who for pay solicit funds. Exemption may be secured on showing proof of Federal income tax exemption and providing a copy of the most recent financial statement. Also exemption is provided if solicitation is confined to the membership of the group. This is applicable when solicitation is carried on by agents. 7 However, the statute will only apply if the given organization is a national charitable organization or a statewide organization receiving its major support from donations. The New Jersey statute does make misrepresentation of the identity or affiliation for which funds are solicited illegal, and makes it illegal to solicit for a fictitious or nonexistent organization. The exemption is limited to funds solicited solely for the use of the institution. 10 The exemption is limited to funds for fellowships or scholarships. The statute is limited in scope to regulating the use of the name of another person when soliciting funds. |