[See note 5]

the instrument or without the consent of the donor or grantor of the property, if he be living.

3. The attorney-general shall represent the beneficiaries in all such cases, and it shall be his duty to enforce such trusts by proper proceedings in the [court] courts.

[L. 1893, Ch. 701, § 2, as amended by L. 1901, Ch. 291, § 1.] § 13. Certain educational and other charitable

uses authorized. 1. [Real and] Personal property may be granted, bequeathed, [devised] and conveyed to any incorporated college or other literary incorporated institution in this state, to be held in trust for [either] any one or more of the following purposes:

(1). To establish and maintain an observatory;

(2). To found and maintain professorships and scholarships; 3). To provide and keep in repair a place for the burial of the dead; or

(4). For any other specific purposes comprehended in the general objects authorized by their respective charters.

The said trusts may be created, subject to such conditions and visitations as may be prescribed by the grantor or donor, and agreed to by said trustees, and all property which shall hereafter be granted to any incorporated college or other literary incorpo rated institution in trust for any [either] of the aforesaid purposes, may be held by such college or institution upon such trusts, and subject to such conditions and visitations as may be prescribed and agreed to as aforesaid.

2. [Real and Personal estate may be granted, bequeathed, [devised] and conveyed to the corporation of any city or village of this state, to be held in trust for any purpose of education, or the diffusion of knowledge, or for the relief of distress, or for parks, gardens, or other ornamental grounds, or grounds for the purposes of military parades and exercise, or health and recreation, within or near such incorporated city or village, upon such conditions as may be prescribed by the grantor or donor, and agreed to by such corporation; and all real estate so granted or

conveyed to such corporation, may be held by the same, subject to such conditions as may be prescribed and agreed to as aforesaid].

3. [Real and] Personal estate may be granted, or bequeathed [or devised] to commissioners of common schools of any town, and to trustees of any school district, in trust for the benefit of the common schools of such town, or for the benefit of the schools of such district.

4. The trusts authorized by this [act] section may continue for [See note 6] such time as may be necessary to accomplish the purposes for

which they may be created.

[L. 1840, Ch. 318, §§ 1-4, as amended by L. 1841, Ch. 261, § 1.]

§ 14. Certain gifts for charitable and educational [See note 7] uses regulated. 1. Any person desiring, in his lifetime, to promote the public welfare by founding, endowing and having maintained public library, museum or other educational institutions, or a chapel and crematory, within this state, may to that end and for such purposes by grant, in writing, convey to a trustee, or any number of trustees, named in such grant, and to their successors, any personal property [real or personal,] belonging to such person. [and situated or being within this state.]

2. The person making such grant may therein designate: (1). The nature, object and purposes of the institution to be founded, endowed and maintained.

(2). The name by which it shall be known.

(3). The powers and duties of the trustee or trustees and the manner in which he or they shall account, and to whom, if accounting be required; but such powers and duties shall not be held to be exclusive of other powers [and] which may be necessary to enable such trustee or trustees to fully carry out the object of such grant.

(4). The mode and manner, and by whom, the successors to the trustee or trustees named in the grant are to be appointed.

(5). Such rules and regulations for the management of the property conveyed as the grantor may elect to prescribe; but such

rules shall, unless the grantor otherwise prescribe, be deemed advisory only, and shall not preclude such trustee or trustees from making such changes as new conditions may from time to time require.

(6). The place or places where, and the time when, the building or buildings necessary and proper for the institution shall be erected, and the character and extent thereof. The person making such grant may therein provide for all other things necessary and proper to carry out the purposes thereof, and especially may such person provide for such lectures, exhibitions, instruction or amusement in connection with such institution as he may deem desirable.

3. The trustee or trustees named in such grant and their successors, may in the name of the institution, as designated in suca grant, sue and defend, in relation to the trust property and in relation to all matters affecting the institution endowed and established by such grant.

4. The person making such grant, by a provision therein, may elect, in relation to the property conveyed and in relation to the erection, maintenance and management of such institution, to per form, during his life, all the duties and exercise all the powers which, by the terms of the grant, are enjoined upon and vested in the trustee or trustees therein named. If the person making such grant, and making the election aforesaid, be a married person, such person may further provide that if the wife of such person survive him, then such wife, during her life, may, in relation to the property conveyed, and in relation to the erection, maintenance and management of such institution, perform all the duties and exercise all the powers, which, by the terms of the grant, are enjoined upon and vested in the trustee or trustees therein named, and in all such cases the powers and duties conferred and imposed by such grant upon the trustee or trustees therein named, shall be exercised and performed by the person making such grant, or by his wife during his or her life, as the case may be; provided, however, that upon the death of such person, or his surviving

wife, as the case may be, such powers and duties shall devolve upon and shall be exercised by the trustee or trustees named in the grant and their successors.

5. The person making such grant may therein reserve the right to alter, amend or modify the terms and conditions thereof and the trusts therein created, in respect to any of the matters mentioned or referred to in [subdivisions] paragraphs numbered one to six inclusive of [section] subdivison two hereof; and may also therein reserve the right, during the life of such person, of absolute dominion over the personal property conveyed, [and also over the rents, issues and profits of the real property conveyed,] without liability to account therefor in any manner whatever, and without any liability over against the estate of such person; and if any such person be married, such personmay, in said grant, further provide that if his wife survive him, then such wife, during her life, may have the same dominion over such personal property, [and such rents, issues and profits,] without liability to account therefor in any manner whatever, and without liability over against the estate of either of the spouses.

6. Any such grant may be executed, acknowledged and recorded in the same manner as is now provided by law for the execution, acknowledging and recording of grants of real property.

7. No snit, action or proceedings shall be commenced or maintained by any person to set aside, annul or affect said conveyance, or to affect the title to the property conveyed, or the right to the possession, or to the [rents,] issues and profits thereof, unless the same be commenced within two years after the date of filing such grant for record; nor shall any defense be made to any suit, action or proceeding commenced by the trustee or trustees named in said grant or their successors, privies or persons holding under them, which defense involves the legality of said grant, or affects the title to the property thereby conveyed, or the right to the possession or the [rents,] issues and profits thereof, unless such de- [See note 8]

fense is made in a suit, action or proceeding commenced within two years after such grant shall have been filed for record.

[L. 1892, Ch. 516, §§ 1-7, as amended by L. 1905, Ch. 393, § 1.]

§ [3] 15. When income of trust fund is not alienable. 1. The right of the beneficiary to enforce the performance of a trust to receive the income of personal property, and to apply it to the use of any person, can not be transferred by assignment or otherwise. But the right and interest of the beneficiary of any other trust in personal property may be transferred.

2. The provisions of this [act] section shall not impair or affect any rights existing on March twenty-fifth, nineteen hundred and three [at the date of its passage; but the act hereby amended shall have the same force and effect with respect to such existing right as though this amendatory act had not been passed].

[As amended by L. 1903, Ch. 87, § 1; L. 1903, Ch. 87, § 2, incorporated.]

$ [4] 16. Validity of directions for accumulation of income. An accumulation of the income of personal property, directed by any instrument sufficient in law to pass such property is valid:

1. If directed to commence from the date of the instrument, or the death of the person executing the same, and to be made for the benefit of one or more minors, then in being, or in being at such death, and to terminate at or before the expiration of their minority.

2. If directed to commence at any period subsequent to the date of the instrument or subsequent to the death of the person executing it, and directed to commence within the time allowed for the suspension of the absolute ownership of personal property, and at some time during the minority of the persons for whose benefit it is intended, and to terminate at or before the expiration of their minority.

3. All other directions for the accumulation of the income of personal property, not authorized by statute, are void. [but] In either case mentioned in subdivisions one and two of this section a direction for any such accumulation for a longer term than the minority of the persons intended to be benefited thereby, has the same effect as if limited to the minority of such persons, and is void as respects the time beyond such minority.