''Re Endacott''
959
Year 959 ( CMLIX) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* April - May – The Byzantines refuse to pay the yearly tribute. A Hungari ...
EWCA Civ 5 is an
English trusts law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...
case, concerning the policy of the "
beneficiary principle
The beneficiary principle is a policy of English trusts law, and trusts in Commonwealth jurisdictions, that trusts which do not have charitable objects, as under the UK Charities Act 2006 sections 2 and 3, and also do not make the trust property ...
". It held that outside of trusts for animals, graves and saying private masses (and hunting foxes, till the
Hunting Act 2004
The Hunting Act 2004 (c 37) is an Act of the Parliament of the United Kingdom which bans the hunting of most wild mammals (notably foxes, deer, hares and mink) with dogs in England and Wales, subject to some strictly limited exemptions; the ...
) no trusts can be made for purposes that are non-charitable.
Facts
Mr Albert Endacott wrote in his will that he would give his son some houses and a factory, and then all the rest to the
North Tawton
North Tawton is a small town in Devon, England, situated on the river Taw. It is administered by West Devon Council. The population of the electoral ward at the census 2011 was 2,026.
History
Romans crossed the River Taw at what is now Newla ...
Devon Parish Council ‘for the purpose of providing some useful memorial to myself’ unless his wife was still alive, in which case the interest should be paid to her.
Judgment
Lord Evershed MR
Francis Raymond Evershed, 1st Baron Evershed, PC (8 August 1899 – 3 October 1966) was a British judge who served as Master of the Rolls, and subsequently became a Law Lord.
Background and education
Evershed was the son of Frank Evershed, a b ...
held that the trust was invalid, because it would be a purpose trust going beyond the fixed list that had been previously exempt.
960
Year 960 ( CMLX) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Summer – Siege of Chandax: A Byzantine fleet with an expeditionary force (co ...
Ch 232, 245‐246
Significance
''Re Endacott'' put an end to non-charitable purpose trusts developing in English law, and stated that only the four previously acknowledge categories held good. Hayton and Mitchell question whether even those categories are genuinely non-charitable purpose trusts. As they see it,
*''
Re Dean'' (1889) 41 Ch D 552, a trust for the maintenance of stables and kennels of the testator's horses and hounds, should be viewed as a trust for the owner of the animals
*''
Re Hooper''
932
Year 932 (Roman numerals, CMXXXII) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Summer – Alberic II of Spoleto, Alberic II leads an uprising at Rome ag ...
1 Ch 38, building and maintaining graves and funeral monuments, are actually valid, even if private under the
Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970 section 1
*''
Bourne v Keane''
919
__NOTOC__
Year 919 ( CMXIX) was a common year starting on Friday (link will display the full calendar) of the Julian calendar.
Events
By Place
Byzantine Empire
* March 25 – Romanos Lekapenos, admiral (''droungarios'') of the ...
AC 815, trusts for the saying of private masses, are barely distinguishable from public masses. Only ''
Re Hetherington''
990Ch 1 divided the two, somewhat dubiously, because only if the prayer can be publicly be witnessed can it be for the public's benefit.
*''
Re Thompson''
934
Year 934 ( CMXXXIV) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Spring and Summer – The Hungarians make an alliance with the Pecheneg ...
Ch 342, to promote fox hunting is no longer relevant given the
Hunting Act 2004
The Hunting Act 2004 (c 37) is an Act of the Parliament of the United Kingdom which bans the hunting of most wild mammals (notably foxes, deer, hares and mink) with dogs in England and Wales, subject to some strictly limited exemptions; the ...
. Moreover, this was just wrong as a decision because Romer J ‘erroneously based his judgment on negative enforceability by the default beneficiary when positive enforceability is necessary.’
See also
*
English trusts law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...
Notes
{{reflist, 2
References
*
English trusts case law
Court of Appeal (England and Wales) cases
1959 in British law
1959 in case law