Applications to court – partial decree not granted – directions where scheme of founder cannot be carried out – commingling of different funds
Pursuers in an actio popularis in re a public trust have no right to demand a partial decree which will leave unsettled matters seriously affecting the future administration of the charity. If trustees of a public charitable trust cannot carry out the main purpose of the trust in the mode the trustee has expressed, it is their duty to apply to the court for directions. When capital of one trust fund is bona fide intermixed by the same trustees with capital of another trust fund, both funds being bequeathed for the same public charity, and an actio popularis is brought, the duty of the court is to consider what course is best, looking at all the circumstances, for the interest of the charity, and the court ought to refuse to give any decision until all the circumstances necessary to form such final decision are before them, it being within the power of the court to order either an independent enquiry or the production of further evidence by the parties.
(1886) 11 App Cas 313
England and Wales
Cited by:
Cited – Lehtimaki and Others v Cooper SC 29-Jul-2020
Charitable Company- Directors’ Status and Duties
A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2021; Ref: scu.653171
