Re Osoba
A gift for the maintenance and education of a person, where the purpose is only the motive for the gift, gives the person an absolute interest, so there is no resulting trust when the purpose has been fulfilled.
Facts
A testator left property to his widow, on trust for her maintenance and for the training of his daughter up to university grade. The daughter completed her education, and the widow died. The question was whether the remaining property was held on resulting trust for the testator's estate, or belonged to the widow and daughter absolutely.
Legal principle
The Court of Appeal held that the widow and daughter were entitled to the property absolutely, as joint tenants, so the daughter took it all on the widow's death. Buckley LJ said that, where a gift is made for the maintenance or education of a person, the purpose is usually treated as the motive for the gift, rather than a limitation on it, so the person takes the property absolutely. There was therefore no resulting trust when the purpose had been carried out.
Related cases on resulting trusts
- Re Abbott Fund Trusts [1900] 2 Ch 326
- Air Jamaica Ltd v Charlton [1999] 1 WLR 1399
- Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567
- Bennet v Bennet (1879) 10 Ch D 474
- Dyer v Dyer (1788) 2 Cox Eq 92
- Fowkes v Pascoe (1875) LR 10 Ch App 343
- Re Gillingham Bus Disaster Fund [1958] Ch 300
- Hussey v Palmer [1972] 1 WLR 1286
Studying equity and trusts? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
