3496 ARTICLE 93

This section referred to in deciding that a son of the testator took an estate tail,
which, under art. 46, sec. 1 (An. Code, 1912), was converted into a fee simple estate.
Benson v. Linthicum, 75 Md. 144.

This section referred to in connection with art. 46, sec. 1 (An. Code, 1912), in passing
on right of husband to a life estate under art. 45. Mason v. Johnson, 47 Md. 356.

This section referred to in construing art. 21, sec. 12. Merritt v. Disney, 48 Md. 350.

For a similar section applicable to deeds, see art. 21, sec. 12.

As to devises, etc., bordering on streets or highways, see art. 21, sec. 114.

See notes to sec. 347.

An. Code, 1924, sec. 337. 1912, sec. 328. 1904. sec. 322. 1888, sec. 315. 1888, ch. 249.

1924, ch. 335.

343. No devise or bequest of real or personal property for any chari-
table uses shall be deemed or held to be void by reason of any uncertainty
with respect to the donees thereof, provided the will or codicil making the
same shall also contain directions for the formation of a corporation to
take the same, and within the period of twelve calendar months from the
grant of probate of such will or codicil, if the devise or bequest is immediate
and not subject to a life estate or at any time between the date of probate
of the will or codicil and the end of the twelve months next following the
expiration of the life estate or life estates, if the devise or bequest is to take
effect in possession after the expiration of a life estate or life estates, a
corporation shall be formed in correspondence with such directions, capable
and willing to receive and administer such devise or bequest.

Cited in construing Art. 16, Sec. 279. Rabinowitz v. Wollman, 174 Md. 9.

Will providing for formation of corporation, after expiration of life estates, for
"home for unfortunate girls" held sufficient under this section. Second Nat. Bank v.
Bank, 171 Md. 547.

A corporation held to have been formed in substantial compliance with this section
and with will. The statute of 43 Elizabeth, ch. 4, known as "Statute of Charitable
Uses," is not in force in Maryland. The law to the effect that, independent of that
statute, equity could not, in exercise of its ordinary jurisdiction, sustain and enforce a
bequest to charitable uses, which, if not a charity, would be void, held good in Maryland
until this section abolished, under certain conditions, the rule as to uncertainty. If a
will passes property to a corporation for its general corporate purposes and uses, which
are charitable uses or legal charities, such devise or bequest is valid. Will held not
to create a trust. Gray v. Orphans' Home, 128 Md. 595.

A legacy held void since this section was not applicable. Novak v. Orphans' Home,
etc., 123 Md. 165.

This section does not make valid a devise in trust where beneficiaries are uncertain
and it is impossible to designate them. This section has no application where testator
does not provide in his will for formation of the corporation, etc., as prescribed. Yingling
v. Miller, 77 Md. 107.

Purpose of this section. This section held to have been complied with and a devise
upheld by virtue thereof. The corporation need not be created by a special act of legis-
lature, and fact that corporation's existence is limited to forty years is immaterial.
Chase v. Stpckett, 72 Md. 238.

This section indicates that legislature recognized that a gift inter vivos to an un-
incorporated association was valid under art. 23, sec. 415 of the Code of 1904—see notes
to art. 23, sec. 111 (of this Code). Snowden v. Crown Cork and Seal Co., 114 Md. 651.

As to religious corporations and devises and bequests to them, see art. 23, sec. 275,
et seq.

As to the enforcement of a compliance by educational and other institutions with the
terms of a gift, see art. 16, sec. 119.

An. Code, 1924, sec. 338. 1912, sec. 329. 1906, ch. 59.

344. No conveyance, assignment or devise of any burial lot in any
cemetery or graveyard, to any trustee in trust to hold the same in trust
perpetually, or for any lesser period for the interment therein of any
persons named or described, or of any family or descendants, or for the
care and protection thereof against desecration or injury, shall be held
void as a violation of the rule against perpetuities.