Re Gillingham Bus Disaster Fund
1958 · [1958] Ch 300, affirmed [1959] Ch 62
Posted By lanbuk.com
- Facts
- After a bus accident killed and injured many cadets, a public appeal raised money for the victims and other worthy causes. A surplus was left.
- Issue
- Could the surplus go ?
- Held
- No. Harman J held the purposes were not exclusively charitable, so the surplus was held on for the donors.
- Principle
- A surplus from a non-charitable appeal results to the donors, even anonymous ones.
- Why it matters
- It shows the limits of cy-pres.
Words and Latin in this note
- Resulting trust
- A trust under which the beneficial interest goes back to the person who provided the property, because he is presumed not to have meant a gift, or because an express trust did not use up the whole interest. Open the note.
- Cy-pres
- Applying property given for a charitable purpose that has failed to the nearest similar charitable purpose, under a scheme. Open the note.
- Trust
- An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.