Re Endacott
The exceptions allowing certain non charitable purpose trusts, such as for tombs and animals, are anomalous and will not be extended.
Facts
Albert Endacott left his residuary estate to the North Tawton Devon Parish Council for the purpose of providing some useful memorial to myself. The gift was not charitable. The question was whether it could be upheld as a valid non charitable purpose trust, similar to trusts for the erection of monuments.
Legal principle
The Court of Appeal held that the gift was void. Lord Evershed MR said that the cases allowing trusts for the erection or maintenance of tombs and monuments, and for the maintenance of particular animals, are anomalous and exceptional, and should not be extended. The gift was too wide and uncertain to fall within those exceptions, and there was no one who could enforce it. Harman LJ described the exceptions as troublesome, anomalous and aberrant.
Related cases on purpose trusts and unincorporated associations
- Re Astor's Settlement Trusts [1952] Ch 534
- Re Bucks Constabulary Widows' and Orphans' Fund Friendly Society (No 2) [1979] 1 WLR 936
- Conservative and Unionist Central Office v Burrell [1982] 1 WLR 522
- Re Dean (1889) 41 Ch D 552
- Re Denley's Trust Deed [1969] 1 Ch 373
- Re Grant's Will Trusts [1980] 1 WLR 360
- Hanchett-Stamford v Attorney General [2008] EWHC 330 (Ch), [2009] Ch 173
- Re Hooper [1932] 1 Ch 38
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