The testatrix was definite as to the type of contagious disease units to be run and that a substantial amount of the bed space should be available to poor children. The will left substantial property to the Harriet Lane Home the income of which was to be used to operate contagious disease wards. That case involved a bequest to a charity before the adoption of the doctrine of “cy pres” in Maryland. Harriet Lane Home for Invalid Children, the Court found that a trust was not created, in part, because of the lack of a beneficiary separate from the trustee. A trust cannot exist where the same person possesses both.” Gray v. In order to create a trust the legal estate must be separated from the beneficial enjoyment. It has been held that “a person cannot be both the trustee and the cestui que trust.
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