A testator gave his property ‘to the [listed] religious societies, to be divided in equal shares among them,’ the particular objects not being named.
Held: (reversing Kekewich J) A bequest to a religious institution, or for a religious purpose, is prima facie a bequest for a ‘charitable’ purpose; and the law applicable to ‘charitable’ bequests, as distinguished from the law applicable to ordinary bequests, ought to be applied to a bequest to a religious institution, or for a religious purpose. The testator’s personal estate was subject to a trust for ‘charitable’ purposes; and a scheme was directed as to such part of it as was pure personalty at the testator’s death.
[1893] 2 Ch 41, [1893] UKLawRpCh 22
Commonlii
England and Wales
Cited by:
Cited – Gilmour v Coats HL 1949
Prayers Alone did not make Convent Charitable
A trust to apply the income of a fund for all or any of the purposes of a community of Roman Catholic Carmelite nuns living in seclusion and spending their lives in prayer, contemplation and penance, was not charitable because it could not be shown . .
Exemplar – Dunne v Byrne PC 22-Feb-1912
Will – Construction – Charitable Bequest – Fund to be expended for the Good of
Religion – Religious Purposes.
Held, that a residuary bequest ‘to the Roman Catholic Archbishop of Brisbane and his successors to be used and expended wholly . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 August 2021; Ref: scu.653055
