Please enable JavaScript.
Coggle requires JavaScript to display documents.
Cy Pres Doctrine, difference is requirement to show general charitable…
Cy Pres Doctrine
initial impossibility
Rymar left money to specific seminary, shut down before gift took effect - reverts back - no general charitable intention and case of initial impossibility
Biscoe v Jackson gift for soup kitchen and hospital, kitchen closed - no perssonal connection - purpose was to help area - look for another soup kitchen in area
Jenkins left to 8, 1 non-charitable - divide it among the 7
Harwood gift to peace society of Belfast and Wisbrook - Belfast never existed, Wisbrook ceased - if never existed intended to benefit general peace in Belfast
-
Lysaght bigot and racist left money to RCSE, be born male of british born doctors registered in UK, not jewish or catholic - college refused on terms - court held- everything bar religion exclusion was fine - flexibl approach
Prescott testatrix bequeathed house to Parish of Russian Orthodox abroad, if none in Ireland give to England - ceased by time testatrix died - held - gift lapsed as object didn't exist at death or making of will - no evidence to benefit anyone other than named institution - more strict (irish case)
Jordan
testator left money to memorial fund in sons name, orther 20% go to a charity still going when will made but ceased upon death - no charitable purpose as was to honour sons memory
-
-
-
-
s47 Charities Act 1961
-
-
Chesire Foundation Ireland general charitable intention still an essential prerequisite - was allowed in this case - residential accomodaiton for chorically ill or permanetly disabled
-
when valid charitable trust fails, court may apply the gifts as near as possible to original doctrine
-