GIFTS, GRANTS, BEQUESTS, AND DEVISES
Act 280 of 1915
554.351 Gift or grant for certain purposes; effect of indefiniteness, vesting of title, trustee appointment.
Sec. 1.
No gift, grant, bequest or devise, whether in trust or otherwise to religious, educational, charitable or benevolent uses, or for the purpose of providing for the care or maintenance of any part of any cemetery, public or private, or anything therein contained which shall in other respects be valid under the laws of this state, shall be invalid by reason of the indefiniteness or uncertainty of the object of such trust or of the persons designated as the beneficiaries thereunder in the instrument creating the same, nor by reason of the same contravening any statute or rule against perpetuities. If in the instrument creating such a gift, grant, bequest or devise, there is a trustee named to execute the same, the legal title to the lands or property given, granted, devised or bequeathed for such purposes, shall vest in such trustee. If no such trustee shall be named in said instrument or if a vacancy occurs in the trusteeship, then the trust shall vest in the court of chancery for the proper county, and shall be executed by some trustee appointed for that purpose by or under the direction of the court; and said court may make such orders or decrees as may be necessary to vest the title to said lands or property in the trustee so appointed.
History: 1915, Act 280, Eff. Aug. 24, 1915 ;-- CL 1915, 11099 ;-- CL 1929, 13512 ;-- CL 1948, 554.351
FormerLaw Notes:
See Act 122 of 1907.
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1952–2023 · leading case:
Nash v. Duncan Park Comm'n, 304 Mich. App. 599 (Mich. Ct. App. 2014).
Nash v. Duncan Park Comm'n, 304 Mich. App. 599 (Mich. Ct. App. 2014).
· cites it 2× “The circuit court also addressed MCL 554.351, which provides: No gift, grant, bequest or devise, whether in trust or otherwise to religious, educational, charitable or benevolent uses, or for the purpose of providing for the care or maintenance of any part of any cemetery,…”
Noble v. McNerney, 419 N.W.2d 424 (Mich. Ct. App. 1988).
· cites it 2× “280 of the Public Acts of 1915, as amended, being sections 554.351 to 554.353 of the Michigan Compiled Laws.”
LaFond v. City of Detroit, 98 N.W.2d 530 (Mich. 1959).
· cites it 3× “’ ” November 23, 1956, the prosecuting attorney for the county of Wayne filed his petition for leave to intervene as party defendant, alleging that deceased’s will (dated September 15, 1948) was executed while she was a resident of the city of Detroit and that PA 1915, No 280…”
In Re Powers Est., 106 N.W.2d 833 (Mich. 1961).
· cites it 2× “) CL 1948, § 554.351 (Stat Ann 1953 Rev § 26.1191). "Sec.”
In Re Reeder Est., 158 N.W.2d 451 (Mich. 1968).
· cites it 6× “"The attorney general asserts CL 1948, §§ 554.351, 554.352 (Stat Ann 1953 Rev §§ 26.”
Oleksy v. Sisters of Mercy, 285 N.W.2d 455 (Mich. Ct. App. 1979).
“"On August 15, 1975, Judge Noble dismissed Oleksy I and denied Barton’s motion to intervene, holding that the Attorney General was the proper party to maintain the actions since the complaints sought enforce the terms of a charitable trust under MCLA 554.351 et seq. "Motions for…”
In Re Jones' Est., 54 N.W.2d 697 (Mich. 1952).
“Appellants claim that under PA 1915, No 280 (CL 1948, § 554.351 et seq. [Stat Ann § 26.1191 et seg.”
Oleksy v. Sisters of Mercy, 253 N.W.2d 772 (Mich. Ct. App. 1977).
“The charitable trust act, MCLA 554.351; MSA 26.1191, recognizes trusts even though beneficiaries and objects of the trusts are indefinite.”
Love v. Sullivan, 146 N.W.2d 117 (Mich. Ct. App. 1966).
“Counsel in the instant case have emphasized the provisions of PA 1915, No 280 (CL 1948, § 554.351 et seq. [Stat Ann 1953 Rev § 26.”
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