Re Lysaght
1965 · [1966] Ch 191
Posted By lanbuk.com
- Facts
- A testatrix left money to the Royal College of Surgeons for scholarships that excluded Jews and Roman Catholics. The college refused to accept it on those terms.
- Issue
- Could the court remove the restriction?
- Held
- Yes. Buckley J held that, as the chosen trustee would not act with the restriction, the purpose was impossible, and directed a scheme without it.
- Principle
- Where the testator's chosen trustee is essential and refuses, the court may treat the restriction as making the impossible and apply .
- Why it matters
- It shows how widely the courts read impossibility.
Words and Latin in this 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.