Re Harwood
A gift to a charity that never existed can be applied cy-près where the testator had a general charitable intention, but not a gift to a specific charity that has ceased to exist.
Facts
A testatrix left legacies to various peace societies, including the Wisbech Peace Society, which had existed but ceased to exist before her death, and the Peace Society of Belfast, which had never existed. The question was whether the legacies could be applied cy-près to other charities with similar purposes.
Legal principle
Farwell J held that the gift to the Wisbech Peace Society lapsed, because the testatrix had shown an intention to benefit that particular society, and it had ceased to exist. However, the gift to the Peace Society of Belfast could be applied cy-près, because, since no such society had ever existed, the testatrix must have had a general charitable intention to benefit peace societies in Belfast. The court said that it is very difficult to find a general charitable intention where the testator has selected a particular charity.
Related cases on charitable trusts
- Chichester Diocesan Fund and Board of Finance Inc v Simpson [1944] AC 341
- Re Compton [1945] Ch 123
- Dingle v Turner [1972] AC 601
- Re Finger's Will Trusts [1972] Ch 286
- Gilmour v Coats [1949] AC 426
- Re Hetherington [1990] Ch 1
- Income Tax Special Purposes Commissioners v Pemsel [1891] AC 531
- IRC v Baddeley [1955] AC 572
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