a thesis - Institute of Advanced Legal Studies

60 EXPRESS TRUSTS.
charitable societies, and this was held a good exercise of the power
of appointment.
On the other hand, it is said that the mere existence of an
intention to devote property to charity, when that intention has
not been carried into effect, is not sufficient to create a charitable
trust. Thus, money deposited by a testatrix in a bank in her own
name, " as trustee for charitable purposes," was held to form part
of her estate in Sinnett v. Herbert (1871, L. E. 12 Eq. 201 ; see
Tudor, Charitable Trusts, 3rd ed. 40). And the case above cited
seems to be really only an example of the rule that a defective
execution of a power will be aided in favour of certain classes of
persons, among whom are charities.