Purpose Trusts

Question 1

Musset v Bingle

Answer 1

Money left for erection of monument was valid.

Question 2

Re Endacott

Answer 2

Money was left for “Building of some useful monument to myself” failed for uncertainty.

Question 3

Re Dean

Answer 3

Trust for horses and hounds succeeded, analogy found to monuments and tombs.

Question 4

Re Thompson

Answer 4

Trust for the promotion of fox hunting was valid (would now be illegal)

Question 5

Re Astor

Answer 5

Refused to add more categories of valid purpose trust.

Question 6

Re Andrews Trust

Answer 6

Argument that purpose simply expresses motive for bequest. Trust for education of children was held to be an absolute gift with a statement of the purpose.

Question 7

Re Denley

Answer 7

Land conveyed to trustees for use as sports ground, primarily to benefit employees of a specified company. Terms of gift expressed as purpose. There were direct beneficiaries from the gift who could enforce the trust, held to be valid.

Question 8

Morice v Bishop of Durham

Answer 8

Beneficiary principle, must be someone in whose favour the court can decree performance.

Question 9

Re Hooper

Answer 9

Building and maintaining graves and funeral monuments are valid.