Re Hetherington
A gift for the saying of masses was charitable, because the masses would be celebrated in public, which provided public benefit.
Facts
A testatrix left money to the Roman Catholic Bishop of Westminster for masses for the repose of the souls of her husband, her parents, her sisters and herself. The will did not say whether the masses were to be said in public or in private. The question was whether the gift was charitable.
Legal principle
Sir Nicolas Browne-Wilkinson V-C held that the gift was charitable. He said that a gift for the celebration of a religious rite in public confers a sufficient public benefit, because of the edifying and improving effect of the celebration on the members of the public who attend. A gift for masses said in private would not be charitable. Since the gift could be carried out by masses in public, it was to be construed as a gift for public masses only, and was charitable.
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 Harwood [1936] Ch 285
- Income Tax Special Purposes Commissioners v Pemsel [1891] AC 531
- IRC v Baddeley [1955] AC 572
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