Devises, legacies, bequests, and gifts may be made lawfully to any state educational, charitable, or penal institution, and the title to any property, real, personal, or mixed which shall be devised, bequeathed, or given to any such institution, or to the state of North Dakota for the use and benefit thereof, shall vest in the state of North Dakota, to be held by it in trust for the benefit and use of the institution to which or for whose benefit such devise, legacy, bequest, or gift is made. Unless otherwise authorized by the will or other instrument providing for such devise, bequest, legacy, or gift, no part of said property, nor the income therefrom, may be diverted or used for any other purpose.