A testatrix bequeathed pounds 14,000 on trust to pay the income to the incumbent of the church at H. for the time being so long as he permitted the sittings to be occupied free : in case payment for sittings was ever demanded, she directed the pounds 14,000 to fall into her residue.
Held: first, that the testatrix had not expressed a general intention to devote the pounds 14,000 to charitable purposes, so that in case of failure of the trust for the benefit of the incumbent the fund would be applied cy-pres ; secondly, that the direction that the fund should fall into the residue, being a direction that the fund should go as the law would otherwise carry it, did not offend the rule against perpetuities.
(1888) 38 Ch D 213, [1888] UKLawRpCh 33
Commonlii
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: 16 October 2021; Ref: scu.653190
