SECTIONS 21100-21119 - California Statutes

EDUCATION CODE

SECTION 21100-21119

21100. Any person desiring in his lifetime to promote the public
welfare by founding, endowing, and maintaining within this state a
university, college, school, seminary of learning, mechanical
institute, museum, botanic garden, public park, or gallery of art, or
any or all thereof, may, for such purposes, by grant in writing
convey to a trustee, or any number of trustees, named in the grant,
and to their successors, any property, real or personal, belonging to
him and situated within this state. If he is married and the
property is community property, then both husband and wife shall join
in the grant.

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 it shall be known.
(c) The powers and duties of the trustees, and the manner in which
they shall account, and to whom, if accounting is required. Such
powers and duties shall not be exclusive of other powers and duties
which may be necessary to enable the trustees to fully carry out the
objects of the grant.
(d) The mode and manner, and by whom, the successors to the
trustee or trustees named in the grant are to be appointed.
(e) Such rules and regulations for the management of the property
conveyed as the grantor may elect to prescribe. Such rules shall,
unless the grantor otherwise prescribes, be deemed advisory only, and
shall not preclude the trustees from making such changes as new
conditions may from time to time require.
(f) The place where and the time when the buildings necessary and
proper for the institution shall be erected, and the character and
extent thereof.

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 professions which shall be taught in the
institution, and the terms upon which deserving scholars of the
public and private schools of the various counties of this state may
be admitted to all the privileges of the institution, as a reward for
meritorious conduct and good scholarship.

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 state and for maintaining free
scholarships for children of mechanics, tradesmen, and laborers, who
have died without leaving means sufficient to give their children a
practical education, fitting them for the useful trades or arts.

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 themselves, attend the lectures of any
university established, and also the terms and conditions upon which
the museums, art galleries, and conservatories of music, connected
with any such institution, shall be open to all deserving persons
without charge, and without their becoming students of the
institution.

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 to the trust property, and in
relation to all matters affecting the institution.

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 institution, to perform, during
his life, all the duties and exercise all the powers which, by the
terms of the grant, are enjoined upon and vested in the trustee or
trustees.

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 in relation to the election,
maintenance, and management of the institution, perform all the
duties and exercise all the powers which, by the terms of the grant,
are enjoined upon and vested in the trustee and trustees.

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 by the grantor, or by his or her
spouse, during his or her life, as the case may be. Upon the death of
the grantor, or the surviving spouse, as the case may be, the powers
and duties shall devolve upon and shall be exercised by the trustees
named in the grant, and their successors.

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 mentioned or referred to in Sections
21101 to 21104, inclusive.

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 profits of the real property
conveyed, without liability to account therefor in any manner
whatever, and without any liability over against his or her estate.

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 property, and the rents, issues, and
profits, without liability to account therefor in any manner
whatever, and without liability over against the estate of either the
grantor or his or her spouse.

21112. The founder or founders, surviving founder, or spouse or
surviving spouse of any founder, of a university, college, school,
seminary of learning, mechanical institute, museum, gallery of art,
library or any other institution, or any or all thereof, founded
pursuant to this article, may, by an instrument in writing, resign,
relinquish, and surrender all the rights, powers, privileges and
duties reserved to or vesting in him or her, over, in, or concerning
any of the property granted or given to the institution, or over or
concerning the institution founded. Thereupon all estates, rights,
powers, privileges, trusts, and duties which would otherwise vest in
or devolve upon the trustee or trustees of the trusts and estates
created upon the death of the person resigning, relinquishing, and
surrendering, by the terms of the grant and amendments thereof, and
by the terms of any grants, gifts, bequests, and devices
supplementary thereto, or of any confirmatory grants, shall
immediately vest in and devolve upon the trustee or trustees. Nothing
herein contained shall prevent the person resigning, relinquishing
and surrendering the rights, powers, privileges, or duties from
thereafter becoming and serving as one of the trustees, or from
becoming and serving as an officer of any board of trustees.

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. When any such provision is made in
a grant, the trustees and their successors may take the custody and
control in the manner and for the time and in accordance with the
provisions of Chapter 4 (commencing with Section 3070) of Division 3
of the Labor Code.

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 real property.

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 property conveyed, or the
right to the possession, or to the rents, issues, and profits
thereof, unless the action is commenced within two years after the
date of filing the grant for record. No defense shall be made to any
suit, action, or proceeding commenced by the trustee or trustees
named in the grant, or their successors, privies, or persons holding
under them, which involves the legality of the grant, or affects the
title to the property conveyed, or the right to the possession, or
the rents, issues, and profits thereof, unless the defense is made in
a suit, action, or proceeding commenced within two years after the
grant has been filed for record.

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 execution, or judicial proceedings of
any kind, against the grantor or his privies, unless the action under
which the execution is issued, or the proceedings under which the
sale is ordered, has been commenced within two years after the grant
has been filed for record. No property shall be subject to execution
or forced sale under any judgment obtained in any proceedings
instituted within two years, if there is other property of the
grantor, subject to execution or forced sale sufficient to satisfy
the judgment. Nothing in this section contained shall be construed to
affect mechanics' or laborers' liens.

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 personal, mentioned in the grant, or in any
supplemental grant, and the devise or bequest shall only take effect
if, from any cause whatever, the grant is annulled or set aside, or
the trusts therein declared for any reason fail. Such devise and
bequest is permitted to be made by way of assurance that the wishes
of the grantor shall be carried out, and in the faith that the state,
if it succeeds to the property, or any part thereof, will, to the
extent and value of the property, carry out, in respect to the
objects and purposes of the grant, all the wishes and intentions of
the grantor.

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, college, seminary, mechanical institute,
museum, or gallery of art, or in respect to the exercise of religious
belief, on the part of any pupil of the school or institution of
learning, shall be binding upon the state. The state shall not
enforce, or permit to be enforced or carried out, any such wish,
direction, act, or condition.

21119. The provisions of this article shall be liberally construed
with a view to effect its objects and promote its purposes.