These provisions were evidently enacted to clear up the doubts created by previous conflicting decisions and opinions of the supreme court of Georgia. Beall v. Fox, 4 Ga. 404; Am. Col. Soc. v. Gartrell, 23 Gu. 448; Walker v. Walker, 25 Ga. 420; Beall v. Drane, 25 Ga. 430. They show, as was well observed by Mr. Justice BRADLEY in the circuit court, "that the law of charities is fully adopted in Georgia, as far as is compatible with a free government where no royal prerogative is exercised." 3 Woods, 469. And such has been the construction given to the corresponding sections of the Code of 1865 by the supreme court of the state in a well-considered judgment, in which it was held that charitable bequests, the general objects of which the testator had pointed out, or fixed any means for pointing out, were sufficiently "definite and specific in their objects, and capable of being executed, "*under the provisions of the Code and the ordinary jurisdiction of courts of chancery; and therefore that a bequest to a county court of a sum of money to be placed in the hands of four men, who were to give security, and lend out the principal, and pay over the interest annually to that court, "to pay for the education of poor children belonging to the county," was a good charitable bequest. Newson v. Starke, 46 Ga. 88.

In the will before us, the first of the devises to charitable uses is as follows:

"Tenth. I hereby give, devise, and bequeath to the trustees of the Independent Presbyterian Church of the city of Savannah all that full lot of land in the city of Savannah on the south-west corner of Broughton and Bull streets, with the buildings and improvements thereon, to have and to hold the same on the following terms and conditions, and not otherwise, to-wit: First. That the trustees of the said Independent Church shall appropriate annually, out of the rents and profits of said lot and improvements, the sum of $1,000 to one or more Presbyterian or Congregational churches in the state of Georgia, in such destitute and needy localities as the proper officers of said Independent Presbyterian Church may select, so as to promote the cause of religion among the poor and feeble churches of the state. Second. This gift. and devise is made on the further condition that neither the trustees nor any other officer of said Independent Presbyterian Church will have or authorize any material alteration or change made in the pulpit or galleries of the present church edifice on the corner of Bull and South Broad streets, but will permit the same to remain substantially as they are, subject only to proper repairs and improvements; nor shall they sell or alien the lot on which the Sabbath school room of said church now stands, but shall hold the same to be improved in such manner as the trustees or pew-holders may direct. Third. Upon the further condition that the trustees of said Independent Presbyterian Church will keep in good order, and have thoroughly cleaned upevery spring and autumn, my lot in the cemetery of Bonaventure, and that:

no interment or burial of any person shall ever take place either in the vault or within the inclosure of said lot; and for the purpose of having the same protected and cared for, I hereby give, devise, and bequeath my said lot in the Bonaventure cemetery to the trustees of the Independent Presbyterian Church and their successors."

*The act of the legislature of Georgia, of the eighth of December, 1806, incorporating the trustees of the Presbyterian Church of the City of Savannah, (whose name, by a subsequent act of the sixteenth of May, 1821, has been changed to that by which they are called in the will,) provides, in section 2, that they "and their successors in office shall be invested with all manner of property, real and personal, all moneys due and to grow due, donations, gifts, grants, privileges, and immunities whatsoever, which shall or may belong to said Pres byterian church at the time of the passing of this act, or which shall or may at any time or times hereafter be granted, given, conveyed. or transferred to them, or their successors in office, to have and to hold the same to the said trustees, and their successors in office, to the only proper use, benefit, and behoof of the said church forever;" in section 4, that "nothing herein contained shall be construed to vest in the said trustees any right or title to any estate or property whatsoever, real or personal, other than such as doth, or may rightfully and lawfully, belong to the said Presbyterian church, or congregation, hereby made a body corporate;" and in section 5, that “it shall not be lawful for said trustees, or their successors in office, at any time or times hereafter, to grant, bargain, sell, alien, or convey any real estate whatsoever, belonging to the said church, to any person or persons, under any pretense or upon any consideration whatsoever, so as to dispose of the fee-simple thereof."

It is objected that this corporation is not empowered under its charter to accept and administer this charity. But it is a novel proposition, as inconsistent with the rules of law as it is with the dictates of religion, that a Christian church or religious society cannot receive and distribute money to poor churches of its own denomination so as to promote the cause of religion in the state in which it is established. To hold this gift to be too indefinite and uncertain would be to disregard the elementary principles of the law of charitable uses. The appropriation of a certain sum annually to one or inore churches of a certain denomination in such destitute and needy localities as the trustees may select, so as to promote the cause of religion among the poor and feeble churches of the state, describes the general nature of the charitable purpose, while leaving

the selection of the particular objects to the trustees, and is a good charitable use, sufficiently defined. Bartlett v. King, 12 Mass. 537; Going v. Emery, 16 Pick. 107; North Adams Universalist Society v. Fitch, 8 Gray, 421.

The other objections to the validity of this devise are equally unavailing. The condition that no material alteration or change, but only proper repairs and improvements, shall be made in the pulpit or galleries of the present church, (even if illegal, which we see no reason for supposing,) is a condition subsequent, relating to the care and use of the property after the gift shall have vested in the devisee, and cannot, therefore, affect the original validity of the gift.

The condition that the trustee shall not alienate the land on which the school-room stands is also a condition subsequent, and is in accordance with the fifth section of their charter and with the general law upon the subject. It will not prevent a court of chancery from permitting, in case of necessity arising from unforeseen change of circumstances, the sale of the land and the application of the proceeds to the purposes of the trust. Tudor, Char. Trusts, (2d Ed.)298; Stanley v. Colt, 5 Wall. 119, 169.

The conditions as to the care and keeping of the tomb or burialplace of the testatrix is likewise a condition subsequent, and, even if invalid, would not defeat the charitable gift. Giles v. Boston Fatherless & Widows' Society, 10 Allen, 355. In England there has been a difference of opinion upon the question whether the maintenance and repair of the tomb or monument of the donor is a good charitable use. Down to the time of the American revolution, as by the civil law, it appears to have been held that it was. 3 Inst. 202; Masters v. Masters, 1 P. Wms. 421, 423, and note; Durour v. Motteux, 1 Ves.. Sr. 320; Gravenor v. Hallum, Amb. 643; Boyle, Char. 45-51; Just. Inst. lib. 2, tit. 1, §§ 8, 9; Dig. 11, 7, 2, 5; 47, 12, 3, 2. According to the later English cases it is not. Doe v. Pitcher, 3 Maule & S. 407; Same v. Same, 6 Taunt. 359; S. C. 2 Marsh. 61; Willis v. Brown, 2 Jur. 987; Hoare v. Osborne, L. R. 1 Eq. 585; Fiske v. Atty. Gen. L. R. 4 Eq. 521; In re Birkett, 9 Ch. Div. 576. See, also, Dexter v. Gardner, 7 Allen, 243, 247. But it is unnecessary to examine and weigh these conflicting authorities, or to determine whether the devise of the burial-place of the testatrix and the direction to keep it in good order could be upheld in the absence of local statute, because they are clearly valid under the Code of Georgia, which enumerates among charitable uses "the improvement or repair of burying-grounds or tombstones." Code Ga. 1873, § 3157, cl. 7.

The eleventh clause of the will contains a devise to the Union Society of Savannah of a parcel of land in that city, with the buildings and improvements thereon, "but on the express condition that said society shall not sell or alienate said lot, but shall use and appropriate the rents and profits of the same for the support of the school and charities of said institution, without said lot being at any time liable for the debts or contracts of said society." The Union Society was incorporated by a statute of the fourteenth of August, 1786, "for the relief of distressed widows, and the schooling and maintaining of poor children."

The twelfth clause devises to the Widows' Society of Savannah another parcel of land in that city, "on which the improvements now consist of four brick tenement buildings, the rents and profits of the same to be appropriated to the benevolent purposes of said society, but this devise is made on condition the said Savannah Widows' Society shall not sell or alienate said lot or improvements, nor hold the same subject to the debts, contracts, or liabilities of said society." The widows' society was incorporated, as stated in the title and repeated in the body of its charter granted in 1837, "for the relief of indigent widows and orphans in the city of Savannah."

"The relief of aged, impotent, and poor persons" is within the very words of the statute of 43 Eliz. c. 4, § 1, and of the Code of Georgia of 1873, § 3157; and all educational purposes are within the terms of that Code, and within the scope and principle of the statute of Elizabeth. Russell v. Allen, supra. The fact that the gift to the widows' society is directed "to be appropriated to the benevolent purposes of said society" does not affect its validity, because the charter of the society shows that all its purposes are charitable, in the legal sense. It is only when a gift might be applied to benevolent purposes which are not charitable in that sense, that the gift fails. Saltonstall v. Sanders, 11 Allen, 446; Suter v. Hilliard, 132 Mass. 412; De Camp v. Dobbins, 2 Stew. (N. J.) 36; Adye v. Smith, 44 Conn. 60; In re Jarman's Estate, 8 Ch. Div. 584. The conditions subsequent have no greater effect than the corresponding conditions in the tenth clause, already considered.

The next clause of the will contains a provision applicable to the tenth, eleventh, and twelfth clauses, and is as follows:

"Thirteenth. Should either one or more of the corporate bodies or institutions named in the preceding items of my will attempt to sell, alienate, or otherwise dispose of the property and estate therein devised, contrary to the terms and conditions therein set forth, or should there be any levy on the

same to satisfy the debts of said corporation, then I hereby direct my exec utors or legal representatives to repossess and enter upon said property or es tate as to which the conditions may be so broken or violated, and in that event I do hereby give and devise the said property so entered upon and repossessed unto the Savannah Female Orphan Asylum."

There is nothing in this clause by which the heirs at law or next of kin can be benefited in any possible view. If the conditions against voluntary alienation and levy of execution are invalid, the previous devises stand good. If those conditions are valid, the devise over to the Savannah Female Orphan Asylum, an undoubted charity, will take effect; for as the estate is no more perpetual in two successive charities than in one charity, and as the rule against perpetuities does not apply to charities, it follows that if a gift is made to one charity in the first instance, and then over to another charity upon the happening of a contingency which may or may not take place within the limit of that rule, the limitation over to the second charity is good. Christ's Hospital v. Grainger, 16 Sim. 84, 100; 1 Macn. & G. 460; 1 Hall & T. 533; McDonogh v. Murdoch, 15 How. 367, 412, 415; Russell v. Allen, supra.

The fourteenth clause of the will contains a devise and bequest to the Georgia Historical Society to establish a public library and museum, and is as follows:

"Fourteenth. I hereby give, devise, and bequeath to the Georgia Historical Society and its successors all that lot or parcel of land, with the buildings and improvements thereon, fronting on St. James square, in the city of Savannah, and running back to Jefferson street, known in the plan of said city as lot letter N, Heathcote ward, the same having been for many years past the residence of my family, together with all my books, papers, documents, pictures, statuary, and works of art, or having relation to art or science, and all the furniture of every description in the dwelling-house and on the premises, (except bedding and table service, such as china, crockery, glass, cutlery, silver, plate, and linen,) and a!' fixtures and attachments to the same; to have and to hold the said lot and improvements, books, pictures, statuary, furniture, and fixtures to the said Georgia Historical Society and its successors, in special trust, to keep and preserve the same as a public edifice for a library and academy of arts and sciences, in which the books, pictures, and works of art herein bequeathed, and such others as may be purchased out of the income, rents, and profits of the bequest hereinafter made for that purpose, shall be permanently kept and cared for, to be open for the use of the public on such terms and under such reasonable regulations as the said Georgia Historical Society may from time to time prescribe; but this devise and bequest is made upon condition that the Georgia Historical Society shall cause to be placed and kept, over and against the front porch or entrance of the main building on said lot, a marble slab or tablet, on which shall be cut