Where beneficiaries had dwindled and income increased, the class of beneficiaries was extended. A gift to a class of people would be construed to be charitable unless there was something in the gift to exclude the presumption. It had been submitted that: ‘the trust was one for the benefit of the community in a particular area without the specification of any particular purpose with the consequence that the permitted purposes are limited to those within the spirit and intendment of the preamble.’ Morritt J held this was not an oxymoron.
Judges:
Morritt J
Citations:
Independent 20-Apr-1993, [1994] Ch 172
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Hitchin Cow Commoners Trust, Re ChD 5-Dec-2001
Land was registered as a common. Rights had been created over the land under the 1882 Act after the Inclosure Acts. Were these rights in the nature of charitable trusts? No use of the land as a cow common had taken place with living memory, and most . .
Cited – Gibbs v Harding and others ChD 12-Jan-2007
The testatrix left a will anticipating making another. The court was asked whether a clause leaving her estate to ‘be taken over by the Diocese of Westminster to hold in trust for the Black community of Hackney’ was valid.
Held: The gift was . .
Lists of cited by and citing cases may be incomplete.
Charity
Updated: 02 June 2022; Ref: scu.84641
