Soton Equity and Trusts - alastairhudson.com

Re Nelson [1928] Ch 920 “the principle in Saunders v Vautier is that where there is what
amounts to an absolute gift, it cannot be fettered by prescribing a mode of enjoyment”
3) The strict approach still in rude health
Cf. Leahy v. Att.-Gen. for New South Wales [1959] A.C. 457
**Re Grant’s WT [1979] 3 All ER 359 (“for the benefit of Chertsey CLP …” not a people
trust).
(D)
Recognised exceptions to the beneficiary principle.
Reading: Hudson, section 4.2
1) Charitable trusts (public purpose trusts).
Restricted to legal definition of charity (relief of poverty; promotion of
education; advancement of religion; other miscellaneous purposes
recognised in case law).
benefit to a class of the public not defined by personal nexus (except in case
of relief of poverty).
N.B. Charitable trusts will be dealt with in detail, as a distinct topic, later in
the course.
2) "Concessions to human weakness or sentiment".
A group of anomalous cases:-
Pettingall v. Pettingall (1842) 11 L.J. Ch. 176 (maintenance of an identified pet animal –
valid ).
Re Dean (1889) 41 Ch. D. 552 (for the maintenance of testator’s horses and hounds for fifty
years after his death – valid, time limited, North J can see no objection to use of own property for own
purposes).
Bourne v. Keane [1919] A.C. 426 (trust for the saying of masses in private may be valid if for a
limited perpetuity period – Lord Buckmaster).
Re Thompson [1934] Ch. 342 (promotion of fox hunting – valid ).
Re Hooper [1932] 1 Ch. 38 (for the upkeep of graves and monuments for 21 years, held valid
although not charitable).
Cf. Re Endacott [1960] Ch. 232 (above - “a useful memorial to myself” was found to be void
and the leading view re-instated).
II.
Unincorporated Associations
(A)
Conceptual issues with property held for unincorporated associations.
Reading: Hudson, section 4.3
1) Analytical problems associated with the application of the beneficiary principle and other
requirements of certainty and validity for trusts
Transfer to an association is a transfer not to a legal person and therefore someone must
hold the property for the benefit of the association: that may render the transfer capable of
being analysed as a void purpose trust.
2) The various modes of interpretation
a) Invalid purpose trusts
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