Charity

a gift for a public use.

Defined by the Supreme Court in Kain v. Gibboney, 101 U.S. 362.

The word "charity" in its widest sense, denotes all the good affection which men ought to bear towards each other, and in this sense it embraces all that is usually understood by the word benevolence, philanthropy and good will. In its more restricted sense it means merely relief or alms to the poor. In neither of these senses is it employed by the courts when used as descriptive of those uses and least in a state, where the statute of 43 Elizabeth, chap. 4, commonly known as the Statute of Charitable Uses, is held to be in force, must be determined with reference to the provisions of that statute. Among the results accomplished by the statute of Elizabeth was the establishment of an enumeration or kind of definition, standard or test, to which all gifts and grants in trust could be brought in order to determine whether they were charitable.' Accordingly, since the statute, no bequests are deemed within the authority of chancery and capable of being established and regulated thereby, except bequests for those purposes which the statute enumerates as charitable, or which, by analogy, are deemed to be witjiin its spirit or intendment. Perry on Trusts, pars. 696, 697; 2 Story's Eq. Juris, par. 1155. It is true many purposes not enumerated in the statute have been held to be charitable on the ground that though not within its letter, they are within its spirit, intention and principle. On the other hand, many objects of a general nature, though laudable and beneficent in their character, and of general utility, are held not to be included within the legal definition of charity. See 2 111. App. 377. Whatever is given f»r the love of God or the love of one's neighbor, in the catholic and universal sense — given from these motives and to these ends — free from the stain or taint of every consideration that is personal, private or selfish. 75 111. App. 411. 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 burthens of government, it being immaterial whether the purpose is called charitable in the gift itself, if it is so described as to show that it is charitable in its nature. 242 111. 27.

Subjectively, the sentiment or motive of benevolence and philanthropy; the disposition to relieve the distressed. Objectively, alms-giving; acts of bsnevolence; relief, assistance or services accorded to the ncedy without return. Also gifts for the promotion of philanthropic and humanitarian purposes. Jackson v. Phillips, 14 Allen (Mass.) 556; Vidal v. Girard, 2 How. 127, 11 L. Ed. 205; Historical Son. v. Academy of Science, 94 Mo. 459, 8 S. W. 346. The meaning of the word "charity," in its legal sense, is different from the signification which it ordinarily bears.

In its legal sense, it includes not only gifts for the benefit of the poor, but endowments for the advancement of learning, or institutions for the encouragement of science and art, and, it is said, for any other useful and public purpose. Gerke v. Purcell, 25 Ohio St. 243. Charity, in its widest sense, denotes all the good affections men ought to bear towards each other; in a restricted and common sense, relief of the poor. Morice v. Bishop of Durham, 9 Ves. 399. Charity, as used in the Massachusetts Sunday law, includes whatever proceeds from a sense of moral duty or a feeling of kindness and humanity, and is intended wholly for the purpose of the relief or comfort of another, and not for one's own benefit or pleasure. Doyle v. Railroad Co.., 118 Mass. 195, 197, 19 Am. Rep. 431.

— Foreign charity. One created or endowed in a state or country foreign to that of the domicile of the benefactor. Taylor's Ex'rs v. Trustees of Bryn Maur Co.llege, 34 N. J. Eq. 101,

— Public charity. In this phrase the word "public" is used, not in the sense that it must be executed openly and in public, but in the sense of being so general and indefinite in its objects as to be deemed of common and public benefit. Each individual immediately benefited may be private, and the charity may be distributed in private and by a private band. It is public and general ia its scope and purpose, and becomes definite and private oniv after the individual objects have been selected. Saltonstall v. Sanders, 11 Alien (Mass.) 456.

— Pnre charity. One which is entirely gratuitous, and which dispenses its benefits without any charge or pecuniary return whatever. See In re Keech's Estate (Sun-.) 7 N. Y. Supp. 33i; In re Lenox's Estate (Sure,) 9 N. Y. Supp. 895; Kentucky Female Orphan School . Louisville, 100 Ky. 470, 36 S. W. 921, 40 L. R. A. 119.

In the broadest sense, all the good affections which men ought to have toward one ancjther, but in a more restricted sense, relief of the needy; a gift or devise to charitable uses or purposes, — a gift, i. e., for the benefit of an indefinite number of persons, which may be by promoting their moral, their mental, or their physical well-being, and may extend to the rich as well as to the poor.

Subjeciively, the sentiment or motive of benevolence and philanthropy; the disposition to relieve the distressed, Ob jectively, alms-giving; acts of benevolence; promotion of philanthropicand humanitarian purposes. ‘ The meaning of the word “charity,” in Its legal sense, is different from the signification which it ordinarily bears.

In its legal sense, it includes not only gifts for the benefit of the poor, but endowments for the advancement of learning, or institutions for the encouragement of science and art, and, it is said, for any other useful and public purpose. 25 Ohio St. 243. Charity, in its widest sense, denotes all the good affections men ought to bear towards each other; inarestricted and common sense, relief of the poor. 9 Ves. 399. Charity, as used in the Massachusetts Sunday law, includes whatever proceeds from a sense of moral duty or a feeling of kindness and humanity, and is intended wholly for the purpose of the relief or comfort of another, and not for one’s own benefit or pleasure. 118 Mass, 195, 197.

A charitable gift or bequest; a gift or bequest to charitable uses or purposes. See Charitable. Described by Lord Camden as " a gift to a general public use, which extends to the rich as well as to the poor." Ambl. 651. See 2 Story's Eq. Jur. ch. 32. U. S. Digest and Supplement, Charities and Charitable Uses.