Re Dean

A trust for the maintenance of particular horses and hounds was valid as an anomalous exception to the beneficiary principle.

Citation
(1889) 41 Ch D 552
Court
Chancery Division
Year
1889
Subject
Equity and Trusts
Topic
Purpose trusts and unincorporated associations

Facts

A testator left his horses and hounds to trustees, together with an annuity of £750 to be paid for 50 years, if any of the animals should live that long, for their maintenance. The question was whether this was a valid trust, given that there was no human beneficiary who could enforce it.

Legal principle

North J held that the trust was valid. He said that a trust for the maintenance of particular animals is valid, even though there is no one who can enforce it, provided that it is not for a period longer than the perpetuity period. The case is one of the recognised anomalous exceptions to the beneficiary principle, although the 50 year period was questionable.

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