Foundations Used as Business Devices

Oleck, Howard L.

Journal: Cleveland State Law Review

Volume: 9

First Page: 339

Year: 1960

Bluebook Citation: 9 CLEV. ST. L. REV. 339 (1960)

Author: Howard L. Oleck: all 22 publications


Abstract

The problem of abuse of the foundation device in fact contains a socio-legal issue more important than the mere question of whether a particular instrument is valid or invalid. It poses a question that may well affect the future history of this nation. In effect the issue is this :Does this nation, or does it not, desire or permit an hereditary aristocracy of wealth based on amoral manipulation of forms and legal rituals, while the government turns a blind eye to it? Our immediate problem here is the epidemic of misuse of the "charitable foundation" as a device to perpetuate ownership and control by an "hereditary aristocracy of wealth." That is a symptom of serious moral disease.

Not only repressive, but also curative measures are needed.

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