Appeal by the plaintiff from an order declaring upon the true construction of the will of Patrick Jacob Osoba deceased, and in the events which have happened, that the residue of the estate of the testator, situate in England, is held upon trust for the persons other than the testator’s mother, named in clause 3 of the said will in equal shares absolutely.
Held: there is a general rule that when one sees a gift of income without any gift over to a particular named person for a particular purpose, that ordinarily the purpose is a mere indication of motive and does not cut down the out and out gift.
Buckley, Goff, Eveleigh LJJ
[1979] 1 WLR 247, [1979] 2 All ER 393, [1978] EWCA Civ 3
Bailii
England and Wales
Wills and Probate, Trusts
Updated: 11 December 2021; Ref: scu.262696