Re Pinion
A trust to display a collection of objects as a museum was not charitable, because the collection had no educational or artistic value.
Facts
A testator, an amateur artist, left his studio and its contents, including his own paintings, furniture and other objects, on trust to be kept as a museum for the public. Expert evidence showed that the collection, including his own paintings, was of no artistic merit and no educational value. The question was whether the trust was charitable as being for the advancement of education.
Legal principle
The Court of Appeal held that the trust was not charitable. Harman LJ said that the court will act on expert evidence of the value of the objects, and where there is no useful object to be served by displaying them, the trust cannot be charitable. He said that he could conceive of no useful object to be served in foisting upon the public this mass of junk. The trust therefore failed.
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
- Re Hetherington [1990] Ch 1
- Income Tax Special Purposes Commissioners v Pemsel [1891] AC 531
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