• Cheshire Foundation v AG: Section 51 Charities Act 1961: ct order granted if Section 47 Charities Act 1961 fulfilled in which the original purpose of a charitable gift may be altered to allow the prop given, or part of it, to be applied CP. Here, the purpose of the bequests and donations which are intended to be the subject of the order were the homes, and the manner of application of funds is partially restricted and unrestricted. Effectively, if the funds are combined, they can be more effectively for the purpose of the charitable trust. Ct looked at whether the restricted funds and the general assets of the applicant were combined with a view to making them applicable to the similar purposes for which they are held by the applicant as trustee, the requirement that regard be had to the spirit of the gift would be complied with. Re Lepton’s Charity described this as a basic intention underlying the gift, that intention being ascertainable from the terms of the relevant instrument read in the light of admissible evidence. Here, on review of the will, the intention of the testator was the continuance of the Cheshire Home named and the services provided by it. As regards the proceeds of local fundraising for, and donations to, the benefited homes, there was no admissible evidence adduced as to the intentions of the donors. It was held reasonable to infer that the intention of each donor was to provide funds to ensure the continued existence of the home in the locality.