Re Shaw
George Bernard Shaw's trust to research a new phonetic alphabet was not charitable, because it was not for education, and failed as a non charitable purpose trust.
Facts
George Bernard Shaw, the playwright, left his residuary estate by will on trusts to inquire into the advantages of a new British alphabet of at least 40 letters, and to transliterate one of his plays, Androcles and the Lion, into the new alphabet. He believed that the existing alphabet was inefficient. The question was whether the trusts were charitable or otherwise valid.
Legal principle
Harman J held that the trusts were void. They were not charitable, because they were not for the advancement of education, which requires the increase of knowledge combined with teaching or education, and were directed rather at propaganda for a particular reform. As non charitable purpose trusts, they failed because there was no one who could enforce them. The case was later settled, and some of the money was used to publish the play in the new alphabet.
Related cases on purpose trusts and unincorporated associations
- Re Astor's Settlement Trusts [1952] Ch 534
- Re Bucks Constabulary Widows' and Orphans' Fund Friendly Society (No 2) [1979] 1 WLR 936
- Conservative and Unionist Central Office v Burrell [1982] 1 WLR 522
- Re Dean (1889) 41 Ch D 552
- Re Denley's Trust Deed [1969] 1 Ch 373
- Re Endacott [1960] Ch 232
- Re Grant's Will Trusts [1980] 1 WLR 360
- Hanchett-Stamford v Attorney General [2008] EWHC 330 (Ch), [2009] Ch 173
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