Re Slevin
1891 · [1891] 2 Ch 236
Posted By lanbuk.com
- Facts
- A testator left money to an orphanage, which closed after his death but before the legacy was paid.
- Issue
- Did the legacy fail?
- Held
- No. The Court of Appeal held that it vested in the charity on the testator's death and so was applied .
- Principle
- On subsequent failure, property goes cy-pres without the need for general charitable intention.
- Why it matters
- It is the classic subsequent failure case.
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.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.