Also known as: moniments · monument · memorial
Written by attorneys · grounded in primary & secondary sources — see below
A structure or object erected to commemorate a person or event. In trusts law, maintenance of a monument is a recognized noncharitable purpose for which a purpose trust may be created even without an identifiable beneficiary, though enforcement is limited to a statutory period such as twenty-one years.
Maurice Marshall and Millennium Media exchanged detailed emails agreeing on all terms for a written contract to maintain a moniment honoring community volunteers. They also stated they would later sign a formal document. The manifestations of assent were sufficient to conclude a binding contract even though the parties intended to prepare a written memorial.
Mustafa Mahmoud's student group sought university funds to erect a moniment expressing a religious viewpoint on campus. The university denied the request while funding other student monuments. The denial constituted viewpoint discrimination under the First Amendment.
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Mason McCarthy sought to register a trademark featuring a moniment design that some found offensive. The Patent and Trademark Office refused registration on disparagement grounds. The refusal violated the First Amendment because the government may not deny registration based on the message conveyed.
Matthew Martinez owned a private moniment located in territory occupied by enemy forces. United States military authorities seized the moniment as enemy property. The seizure was upheld because property of enemies may be confiscated during wartime.
Miranda Morales paid federal taxes and challenged congressional appropriations used to erect a religious moniment on public land. She claimed the expenditure violated the Establishment Clause. Taxpayer standing existed because the challenge targeted a specific legislative appropriation under the taxing and spending power.
Metro Bank maintained a large moniment on its property that posed a known risk of falling. A therapist learned from a patient of the specific danger but did not warn the bank or authorities. The bank owed no duty to the eventual victim because the therapist's duty to warn was limited to foreseeable victims of the patient's conduct.
Modern trust statutes permit enforcement of a noncharitable purpose trust for a limited period, typically twenty-one years, after which the trust terminates and remaining property reverts to the settlor or successors.
No. Modern law authorizes noncharitable purpose trusts for specific lawful purposes such as maintaining a moniment even when no definite beneficiary exists, provided the purpose is not contrary to public policy.
A court may appoint a person to enforce the trust when the instrument names no enforcer, allowing the purpose to be carried out for the statutory period.
…much embarrassed in obtaining evidence. Reasonable information had been denied at the Department of State. Although a respectful memorial had been made to the Senate praying that their Secretary be permitted to give extracts from the executive journals, the request was denied. The applicants therefore summoned witnesses to…