Barby v Perpetual Trustee Co Ltd

[1937] HCA 64

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(Judgment by: Rich J)

Barby
vPerpetual Trustee Co Ltd

Court:

Judges: Latham CJ

Rich JStarke J
Dixon J
Evatt J

Case References:
-

Hearing date:
Judgment date: 25 November 1937

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Judgment by:
Rich J

Charity has always been a favourite of equity. The rule against perpetuities is not applied, the doctrine of cy-pr é s is adopted in certain cases and a benevolent construction seems to be applied to bequests which in essence are charitable. Decisions relating to gifts to institutions and persons cannot be compared with and may be laid out of consideration in dealing with this case in which the bequest is for a purpose. That purpose is the relief of necessitous soldiers and their issue and is a public purpose and in essence is charitable.

I agree that the appeal should be dismissed.