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14 Cards in this Set

  • Front
  • Back
Case- the beneficiary principle- private trusts will be void for lack of a beneficiary (definite object in whose favour the trust can be performed)?
Morice v Bishop of Durham (1804)
What was the dicta in Re Astor's Settlement Trusts [1952]?
- Viscount Astor created a trust for the 'preservation of the independence and integrity of newspapers.'
As it was a private and not charitable trust, it was void on 2 grounds:
1) it violated the beneficiary principle- no definite object to ensure the proper administration of the trust;

2) Also for lack of certainty.
Case- exception to the beneficiary principle- trust's for charitable (public) purposes?
Re Astor's Settlement Trusts [1952]
Case- states that there are certain anomalous exceptions to the beneficiary principle, but these are a closed class and should not be extended?
Re Endacott [1960]
What are the 4 anomalous exceptions to the beneficiary principle?
1) erection or maintenance of tombs/graces/monuments;
2) care of specific animals;
3) saying of masses for the dead;
4) promotion and furtherance of fox-hunting.
Case- testator bequeathed £1,000 for the erection of a monument to his memory in St Paul's Cathedral?- VALID EXCEPTION TO BENEFICIARY PRINCIPLE
Trimmer v Danby (1856)
Which case held that a trust for the upkeep of the testator's favourite black mare was valid?
Pettingall v Pettingall (1842)
Which case stated that a trust for specific dogs was valid for the 21 years (perpetuity period) following the death of the testator, provided the dogs lived that long (not for the life of the dogs)?
Re Kelly [1923]
Case- saying of masses for the dead is a valid exception to the beneficiary principle?
Bourne v Keane [1919]
Case-promotion and furtherance of fox-hunting is a valid exception to the beneficiary principle?
Re Thompson [1934]
Case- a trust for a purpose can be valid if there are identifiable beneficiaries who can apply to the court to ensure it is enforced (e.g. employees of a company)?
Re Denley's Trust Deed [1969]
What is a pettingall order?
-a trustee is required to apply the trust find for the purposes stated- must make an undertaking not to apply the fund for other purposes.

-a pettingall order grants standing to interested parties to come to court if the trustees apply the fund for purposes other than for those stated.
What is the perpetuity period?
21 years after the death of the testator.
Case- any trust (public or private) will fail if it is capricious (whimsical or unpredictable)?
Brown v Burdett (1882)