Chap. 187.—An ACT to amend the Code of Virginia by adding two new sections
numbered 587-a and 58/-b relating to certain charitable trusts, their validity
and administration; and providing for the recordation of instruments creating
or affecting such trusts, and their incorporation by reference in certain other
instruments. [S B 150]

Approved March 15, 1946

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding two new sec-
tions numbered five hundred eighty-seven-a and five hundred eighty-
seven-b, as follows:

Section 587-a. Where any corporation, firm, association, partner-
ship or person gives, bequeaths, grants, conveys or devises any real or
personal property in trust, to or for any educational, charitable, or
eleemosynary purpose, the indefiniteness or uncertainty of the bene-
ficiaries named in any instrument creating such a gift, bequest, grant.
conveyance or devise, or the indefiniteness of the purpose of the trust
itself, shall not defeat any such trust, and provided the trust is in other
respects under the laws of this State, it shall be administered to con-
form as near as may be to the purpose for which created, or if impossible
of performance for this purpose, for some other educational, charitable,
benevolent or eleemosynary purpose. However, unless the maker of
said trust has specifically designated some other body, committee, agency
or entity to determine what that purpose shall be and to administer the
trust (in which event the determination and administration by that
body shall be valid), the determination of the purpose of said trust shall
be made by a court of equity in the county or city wherein the property
or a greater part thereof is located, and the administration of said trust
shall be under the direction of said court.

The provisions of this section shall not apply or affect any trust
or fund which is the subject of pending litigation.

Section 587-b. No such gift, bequest or devise contained in any
will, deed or conveyance executed in accordance with the requirements
of law, shall be deemed invalid by reason of the incorporation by refer-
ence in the said will, deed, or conveyance, of any written matter or
instrument or printed resolution or declaration identified as existing
prior to the execution of said will, deed, or conveyance, and adopted
or made by any legal entity by law authorized to accept and execute
trusts; provided such written matter or instrument or printed resolu-
tion or declaration creates a trust for educational, charitable or elee-
mosynary purposes, and has been duly admitted to record in any clerk's
office in the State of Virginia where deeds are recorded. Any such
written matter or instrument or printed resolution or declaration, or a
copy thereof, certified by the secretary, cashier or other duly qualified
officer of the legal entity adopting it, with the signature of this officer
acknowledged before any person authorized to take acknowledgments
to deeds, may be recorded and shall be indexed as deeds to real estate
are recorded and indexed, and the clerk’s office shall receive the same
fees as provided therefor. Any gift, bequest or devise so made to any
such legal entity for the purposes contained in such written matter or
instrument or printed resolution or declaration shall be valid and effec-
tual, despite the fact that the terms, conditions, uses and purposes of
such gift, bequest or devise are included by reference only in the will,
deed, or conveyance.