The court considered the extent of the prohibition on restrictions on the sale of land by a charity to land forming part of the endowment of the charity.
Held: Davey LJ said: ‘All property of every description belonging to or held in trust for a charity . . is an endowment within the meaning of the Act.’
He refused to limit the word ‘endow’ in section 66 of the Charitable Trusts Act 1853 to property held upon some special purpose or trust in connection with the charity as distinguished from the general purposes of the charity and applied it to all property belonging to or held in trust for a charity, whether held upon trusts or conditions which render it lawful to apply the capital to the maintenance of the charity or upon trusts which confine the charitable application to the income.
Judges:
Davey LJ, Lord Herschell LC, Lindley LJ
Citations:
[1894] 3 Ch 145
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Bayoumi v Women’s Total Abstinence Union Ltd and Another CA 5-Nov-2003
A charity entered into a contract for the sale of land. It failed to comply with the requirements under the Act. The purchaser assigned the benefit of the contract, to the claimant who sought to enforce the contract.
Held: The section only . .
Lists of cited by and citing cases may be incomplete.
Charity, Land
Updated: 28 July 2022; Ref: scu.235721
