PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100. - 21203.]
Part 12 enacted by Stats. 1976, Ch. 1010.
§§ 21100–21203 · 59 sections
CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences §§ 21100–21203 · 59 sections
ARTICLE 1. Foundations and Trusts §§ 21100–21119 · 20 sections
- § 21100 Any person desiring in his or her lifetime to promote the public welfare by founding, endowing, and maintaining within this state a university, college,…
- § 21101 The grantor may designate in the grant: (a) The nature, object, and purposes of the institution to be founded, endowed, and maintained. (b) The name by which…
- § 21102 The grantor may also provide for all other things necessary and proper to carry out the purposes of the grant, and especially may provide for the trades and…
- § 21103 The grantor may also provide for maintaining free scholarships for children of persons who have rendered service to or who have died in the service of the…
- § 21104 The grantor may also provide the terms and conditions upon which students in the public and private schools, and other deserving persons, may, without cost to…
- § 21105 The trustee or trustees named in the grant, and their successors, may, in the name of the institution, as designated in the grant, sue and defend, in relation…
- § 21106 The grantor, by a provision in the grant, may elect, in relation to the property conveyed, and in relation to the erection, maintenance, and management of the…
- § 21107 A grantor who is a married person may further provide that his or her surviving spouse during his or her life, may, in relation to the property conveyed, and…
- § 21108 In the cases referred to in Sections 21106 and 21107, the powers and duties conferred and imposed upon the trustee or trustees shall be exercised and performed…
- § 21109 The grantor may reserve the right to alter, amend, or modify the terms and conditions of the grant, and the trusts created, in respect to any of the matters…
- § 21110 The grantor may also reserve, during his or her life, the right of absolute dominion over the personal property conveyed, and also over the rents, issues, and…
- § 21111 A grantor who is a married person may further provide that his or her spouse, during his or her life, may have the same absolute dominion, over the personal…
- § 21112 The founder or founders, surviving founder, or spouse or surviving spouse of any founder, of a university, college, school, seminary of learning, mechanical…
- § 21113 The grantor may provide in the grant that the trustees and their successors, may, in the name of the institution, become the custodian of the person of minors.…
- § 21114 The grant shall be executed, acknowledged, and recorded in the same manner as is provided by law for the execution, acknowledgment, and recording of grants of…
- § 21115 No suit, action, or proceeding shall be commenced or maintained by any person to set aside, annul, or affect the conveyance, or to affect the title to the…
- § 21116 The property conveyed by the grant shall not, after a lapse of two years from the date of the filing for record of the grant, be subject to forced sale, under…
- § 21117 Any person making the grant may, at any time thereafter, by last will or testament, devise and bequeath to the state all or any of the property, real and…
- § 21118 No wish, direction, act, or condition expressed, made, or given by any grantor, under this article, as to religious instruction to be given in any school,…
- § 21119 The provisions of this article shall be liberally construed with a view to effect its objects and promote its purposes.
ARTICLE 2. Institutions of Arts and Sciences §§ 21140–21154 · 15 sections
- § 21140 Any person intending in his lifetime or by will or trust deed, to operate after his death, to found, maintain, and perpetuate in this state a public library,…
- § 21141 The gift or grant may also express and shall be construed to be a conveyance of the future additions and accretions thereof.
- § 21142 The grantor may also in like manner, convey by grant to the trustee or trustees any real property within this state belonging to him, which may be necessary or…
- § 21143 Any contributions or gifts by any other person than the founder, of any property suitable to the general plan or support of any institution mentioned in this…
- § 21144 The person making the gift, grant, or conveyance, as founder may therein designate: (a) The name by which the institution shall be known. (b) Its nature,…
- § 21145 The trustees named in the gift or grant, and their successors, may, in the name of the institution, sue and defend in relation to the trust property, and to…
- § 21146 By a provision in the gift or grant, the founder may elect, in respect to the personal and real property conveyed, and the additions and increase thereof, and…
- § 21147 If he elects to veto, annul, or modify any act of the trustees, he shall, within 30 days after notice of the performance of the act, file in the office of the…
- § 21148 Upon a like notice, in conformity with a provision in the gift or grant, he may elect to perform during his life all the powers which, by the terms of the…
- § 21149 The founder may also reserve the right to alter, amend, or modify, at any time during his life, or by his last will and testament, the terms and conditions of…
- § 21150 The founder may in the deed of trust name and describe the character and personality of any one or more of the immediate or future trustees, the librarian, and…
- § 21151 The gift or grant shall be executed, acknowledged, and recorded in the manner provided by law for the execution, acknowledgment, and recording of grants of…
- § 21152 No suit, action, or proceeding shall be commenced or maintained by any person to set aside, annul, or affect any gift, grant, or conveyance, or to affect the…
- § 21153 Any founder, making a gift or grant for any of the purposes mentioned in this article, may, at any time thereafter, by last will or testament, devise or…
- § 21154 The provisions of this article shall be liberally construed, with a view to effect its objects and purposes.
ARTICLE 3. Legal Validation Proceedings §§ 21180–21203 · 24 sections
- § 21180 The trustee or trustees of any trust or trusts created for the founding, endowment, and maintenance of a university, college, school, seminary of learning,…
- § 21181 The special proceeding may also be commenced to determine all questions of law and fact affecting the due and voluntary execution and delivery, and the…
- § 21182 The special proceeding may also be commenced to determine all questions bearing upon the passing to the trustee or trustees of the legal title to the…
- § 21183 The special proceeding may also be commenced to determine all questions of law and fact affecting the due and voluntary execution and delivery, and the…
- § 21184 The trustee or trustees of any trust created pursuant to Article 1 (commencing with Section 21100) and Article 2 (commencing with Section 21140) of this…
- § 21185 The petition shall contain copies of all grants, amendments, attempted amendments, supplemental grants, instruments of gift, confirmatory conveyances, and…
- § 21186 The petition shall allege in general terms the due and voluntary execution and delivery, and the validity, of any and all instruments, copies of which are set…
- § 21187 The petition shall allege in general terms the estate or interest which the trustee or trustees have or claim in or to the property described.
- § 21188 The petition shall pray, in effect, that the court: (a) Examine and determine all questions of law and fact affecting the due and voluntary execution and…
- § 21189 The court or judge shall fix the time for hearing the petition, and shall order the clerk of the court to post in at least three public places in the county a…
- § 21190 If the court or judge finds upon the hearing that due and proper notice has not been given as provided in Section 21189, it shall reset the hearing and cause…
- § 21191 The notice and petition shall be entitled substantially in the following form: In the Superior Court of the ____ County of ____, State of California. In the…
- § 21192 The notice shall state the time and place fixed for the hearing of the petition and shall be addressed to the founder or founders, if living, and to the spouse…
- § 21193 Any person required to be served, or any other person interested may waive notice by written waiver filed with the clerk of the court.
- § 21194 Any person interested in the determination of any of the questions presented by the petition may demur to or answer the petition and may set up any new matter…
- § 21195 Any allegation of the petition or answer may be made upon information and belief.
- § 21196 The provisions of the Code of Civil Procedure respecting the demurrer and the answer to a verified complaint, shall be applicable to a demurrer or answer to…
- § 21197 The persons demurring to or answering the petition shall be the defendants to the special proceeding and the petitioners shall be the plaintiffs.
- § 21198 Every material statement of the petition not specifically controverted by the answer shall, for the purposes of the special proceeding, be taken as true, and…
- § 21199 The rules of pleading and practice provided for by the Code of Civil Procedure, which are not inconsistent with this article, are applicable to the special…
- § 21200 Upon the hearing of the special proceeding, the court shall examine into and determine all questions of law and fact within the scope of the proceeding herein…
- § 21201 The costs of the special proceeding may be allowed and apportioned between all parties, in the discretion of the court.
- § 21202 A certified copy of the judgment of the court in the special proceeding shall be recorded in the office of the recorder of the county in which the action is…
- § 21203 The judgment of the court in the special proceeding is determinative of the terms and trusts upon which any property thereafter given for the benefit of the…