157. Charitable trusts are those created for the benefit of the public at large, or of some portion of it, and include benevolent, religious, and educational objects.
158. Charitable trusts differ from private trusts principally in that although in fact none has ever been made. Moore v. Jackson, 4 Wend. (N. Y.) 58.
(a) Less certainty of description in designating the object and beneficiaries is required.
(c) The rule against accumulations probably does not apply to charitable trusts.
(d) By the cy-pres doctrine, the trust funds may be applied to some other object than the one designated by the creator of the trust.
138 Ante, pp. 77, 89.
139 Jackson v. Walker, 4 Wend. (N. Y.) 4G2; Hutchlns v. Hey wood, 50 N. H. 491.
140 Pratt v. Colt, Freem. Ch. 139; Forth v. Duke of Norfolk, 4 Madd. 503.
141 Kane v. Bloodgood, 7 Johns. Ch. (N. Y.) 90; Hubbell v. Medbury, 53 N. Y. 98; Halsey v. Tate, 52 Pa. St. 311; Neel v. Mcelhenny, 69 Pa. St. 300; Robertson v. Wood, 15 Tex. 1.
142 Zacharlas v. Zacharias, 23 Pa. St 452; Seymour y. Freer, 8 Wall 203;
The terms "public trust" and "charitable trust" are practically synonymous in their use, as is shown by the following definition: "A charity, in a legal sense, may be more fully defined as a gift to be applied, consistently with existing laws, for the benefit of an indefinite number of persons,-either by bringing their hearts under the influence of education or religion; by relieving their bodies from disease, suffering, or constraint; by assisting them to establish' themselves for life; or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government." The most usual objects for which public trusts are created are for the founding and maintaining of schools and hospitals;143 the establishment of funds and homes for the poor, and other dependent classes; 144 the building and repair of churches; and the propagation of religious doctrines in other ways.145 After considerable conflict of opinion, it has been decided that the "statute of charitable uses," 146 so called, was not the origin of charitable trusts, but that they existed prior to the enactment of that statute, and that courts of equity have jurisdiction over them even in states where that statute has not been recognized nor re-enacted.147
Public trusts are created in the same way as private trusts.148
Boone v. Chiles, 10 Pet. 177; Oliver v. Piatt, 3 How. 333; Davis v. Coburn, 128 Mass. 377. But see Halsey v. Tate, 52 Pa. St. 311; Neel v. Mcelhenny, 69 Pa. St. 300.
* Gray, C. J., in Jackson v. Phillips, 14 Allen (Mass.) 556.
143 Tainter v. Clark, 5 Allen (Mass.) 66; Andrews v. Andrews, 110 111. 223; Board of Education v. Bakewell, 122 111. 339, 10 N. E. 378. Or a library. Cott-man v. Grace, 41 Hun (N. Y.) 345.
144 Attorney General v. Old South Soc, 13 Allen (Mass.) 474; Shotwell v. Mott, 2 Sandf. Ch. (N. Y.) 46; Chambers v. St. Louis, 29 Mo. 543.
145 Andrews v. Andrews, 110 111. 223; Bridges v. Pleasants, 4 Ired. Eq. (N. C.) 26; Attorney General v. Wallace's Devisees, 7 B. Mon. (Ky.) 611.
146 43 Eliz. c. 4.
147 Vidal v. Girard, 2 How. 127; Going v. Emery, 16 Pick. (Mass.) 107; Gil-man v. Hamilton, 16 111. 225. But see Trustees of Philadelphia Baptist Ass'n v. Hart's Ex'rs, 4 Wheat 1.
148 Olliffe v. Wells, 130 Mass. 221. They are not executed by the statute of uses, because the trustees generally have actual duties to perform, and the beneficiaries are uncertain. Beckwlth v. Rector, etc., 69 Ga. 564.