Equity And Trust-the Question Is Below

It was held in Morice v Bishop of Durham that `every [non-charitable] trust must have a definite object . There must be someone in whose favour the court commode decree performance Indorsing the beneficiary rationale contained in Morice v Bishop , Viscount Simmonds give tongue to , `if a gift is made to individuals whether beneath their aver names or in the name of their society and the termination is reached that they are not intended to take beneficially past they take as trustees . If so , it must be observed who are the beneficiaries . If at the death of the testator the clear up of beneficiaries is placed and ascertained or ascertainable within the prepare of the rationale against perpetuities , all is well . If it is not so stock-still and not so ascertainable the trust must failIn the dramaturgy cited preced ing(prenominal) , Leahy v A-G for New South Wales , the court was concerned with the rigor of gifts to a non-charitable unincorporated association .

One gift was stated as follows :- `AS to my property known as Elmslea adjust at Bungendore aforesaid and the whole of the lands comprising the same and the whole of the mankind of furniture contained in the homestead thereon UPON TRUST for such(prenominal) of Nuns of the Catholic Church or the Christian Brothers as my Executors and Trustees shall apportion and 1 again direct that the selection of the of Nuns or Brothers as the case may be to benefit under this clause of my allow for shall be in the sole! and absolute discretion of my said Executors and TrusteesAnother gift was a direction to the trustees of the estate to enforce the income and principle in the `provision of amenities and for the building of a convent . Viscount Simmonds was of the picture that gifts of this nature , that is , gifts to...If you want to get a all-encompassing essay, give it on our website: BestEssayCheap.com

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