Re Corelli (deceased); Watt and Ors v Bridges and Ors

[1943] 2 All ER 519

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In the Matter of: Corelli (deceased)
Between: Watt and Ors
And: Bridges and Ors

Court:

Judge: Cohen J

Subject References:
Charities
Charitable gift
Trust of premises as hostel for distinguished foreign visitors, as air zone for the health of the town and as meeting place for scientists connected with a certain society
Trust of income of estate to maintain premises and for promotion of arts
Gift to legatees of right to reside on premises

Case References:
Re Ogden, Taylor v Sharp - (1909) 25 LTR 382; 8 Digest 297, 738
Goodman v Saltash Corpn - (1882) 7 App Cas 633; 8 Digest 327, 1099; 52 LJQB 193; 48 LT 239
Houston v Burns - [1918] AC 337; 8 Digest 297, 739; 87 LJPC 99; 118 LT 462
Re Spence, Barclays Bank Ltd v Stockton-on-Tees Corpn - [1938] Ch 96; [1937] 3 All ER 684; Digest Supp, 107 LJCh 1
General Medical Council v Inland Revenue Comrs - (1928) 97 LJKB 578; Digest Supp, 139 LT 225

Judgment date: 29 July 1943

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ORDER

By her will dated 5 June 1922, the testatrix directed her trustees to hold the residue of her estate and effects including a house called Mason Croft, after the decease of a tenant for life, upon trust to preserve the same intact and in good condition; and she provided for the enclosure of the freehold land as a breathing space and air zone for the health of the town of Stratford-on-Avon; she further declared an intention that the ultimate trusts of the premises should, after the decease of certain specified beneficiaries, be continued in perpetuity for the benefit and, service of distinguished visitors from overseas to be selected or recommended by a named society, and also as a meeting place, as and when required by the President of the Royal Institution of Great Britain, for the annual or provincial gatherings of scientists connected with that institution, so that the premises should be at the service of any such selected or distinguished person or persons whom her trustees should approve and who otherwise would seek quarters in an hotel; and she declared that the income of her estate should be held for the unkeep of Mason Croft to be used on the lines and with the intention as manifested in the Leighton House Assocn of London for the promotion of science, literature and music among the people of Stratford-on-Avon.

The testatrix further gave the right to certain legatees to reside at Mason Croft. The testatrix died on 21 April 1924, and the tenant for life on 20 November 1941. The trustees then took out a summons to determine the validity of the dispositions of Mason Croft and of the residuary estate:-

Held

the dominant motive of the gift was the establishment in perpetuity of a hostel for distinguished foreign visitors and this was not a valid charitable bequest. The trusts were, therefore, void for remoteness, and the directions as to the residence of the legatees in the house, being linked therewith, also failed.

Notes

This is a case of a gift for a number of purposes, some of which are charitable and some non-charitable. In deciding whether such a gift can be supported the court has construed the will in order to find the dominant motive of the gift. Having come to the conclusion that the dominant motive was to apply the gift to purposes which were clearly not charitable in law, it is held that the gift fails.

As to Gifts for Benefit of Individuals, see Halsbury (Hailsham Edn), Vol 4 pp 128, 129, para 170; and for Cases, see Digest, Vol 8, pp 264, 265 Nos 258-276.

Summons

Summons taken out by the trustees of the testatrix's will to determine the validity of certain gifts made therein. The facts are fully set out in the judgment.