In Re Pinion (deceased); Westminster Bank Ltd v Pinion and Anor
[1965] Ch. 85[1962] P. No. 3101.]
[1964] 1 All ER 890
(Judgment by: Davies LJ)
In Re Pinion (deceased)
Between: Westminster Bank Ltd
And: Pinion and Anor
Judges:
Wilberforce J
Harman LJ
Davies LJRussell LJ
Subject References:
CHARITY
EDUCATION
ART
Gift to National Trust of studio with contents intact as a museum
Admissibility of expert evidence on aesthetic values to determine whether gift of educational character or for public benefit
Whether valid charitable gift
Standard of values and taste applicable
Case References:
British Museum Trustees v. White - (1826) 2 Sim. & Stu. 594
In re Holburne, Coates v. MacKillop - (1885) 53 L.T. 212; 1 T.L.R. 517
In re Hummmeltenberg - [1923] 1 Ch. 237; 39 T.L.R. 203
Judgment date: 28 February 1964
Judgment by:
Davies LJ
I agree with the conclusion reached by my Lord and by Russell L.J. whose judgment I have already had the advantage of reading.
It is, in my opinion, clear that where necessary the court, in order to decide whether a valid charitable gift has been made in circumstances like the present, may, and indeed must, receive expert evidence on the question whether the display of the articles comprised in the gift is calculated to be for the advancement of education or otherwise of benefit to the public. For without such evidence the court would be unable to decide the question.
The evidence in the present case was overwhelming that the objects comprised in this gift were to all intents and purposes worthless and that this exhibition could do nothing to advance education in aesthetics or history. No other benefit to the community was suggested by Mr. Clauson for the Attorney-General.
Wilberforce J. found himself just able to decide that the exhibition of the dozen or two dozen third-rate chairs together with a few of the other articles might have some educational value; and so he upheld the gift. But, as my Lord has pointed out, the testator's declared intention was that the whole collection should remain intact save for "any goods and chattels not of an antique nature." And if this were done, it is obvious that the chairs, such as they are, would be smothered by the intolerable deal of rubbish.
I, therefore, agree that the gift is bad.