Re Endacott: CA 12 Oct 1959

The will had left the residue to a parish council for the purpose of providing some useful memorial to myself, subject to the proviso that if my wife outlives me they must during the lifetime of my wife pay to my wife the interest which may accrue on the capital when properly invested by them’. The gift was challenged as bad in law. The Council appealed saying that the purpose was the reason for the gift, not a trust affecting the gift.
Held: Non-charitable purpose trusts are anomalous.
Lord Evershed MR, Sellers, Harman LJJ
[1960] Ch 232, [1959] EWCA Civ 5, [1959] 3 All ER 562, [1959] 3 WLR 799
Cited by:
CitedHunt and Another v McLaren and others ChD 4-Oct-2006
Land had been given to a football club under a trust for its exclusive use as such. That land was sold and a new ground acquired and a stadium built, but the land was subject to restrictive covenenats limiting its use to sports, which considerably . .

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Updated: 31 January 2021; Ref: scu.245265