Re Rymer
A gift to a particular seminary that had closed before the testator's death lapsed, because he intended to benefit that institution only.
Facts
A testator left £5,000 to the rector of St Thomas' Seminary for the education of priests in the diocese of Westminster. The seminary had closed shortly before his death, and its students had been transferred to another seminary in Birmingham. The question was whether the gift could be applied cy-près to the other seminary.
Legal principle
The Court of Appeal held that the gift lapsed. Lindley LJ said that the testator had intended to benefit a particular seminary, and there was no general charitable intention to advance the education of priests in any way, so the gift could not be applied cy-près. Since the particular institution no longer existed at the testator's death, the gift failed and fell into residue.
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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