Re Bowes

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by Good Olfactory (talk | contribs) at 00:28, 5 December 2014 (+Category:High Court of Justice cases; +Category:1896 in British law; +Category:1896 in case law using HotCat). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Re Bowes
CourtHigh Court
Citation(s)[1896] 1 Ch 507
Keywords
Certainty, express trusts

Re Bowes [1896] 1 Ch 507 is an English trusts law case, concerning the policy of the "beneficiary principle". It held that a trust which uses words relating to a purpose of doing something, but ultimately for the benefit of a group of people, can be construed as being for the benefit of those people. The consequence is that the people may exercise their right to dissolve the trust, according to Saunders v Vautier.

Facts

John Bowes in his will left his estate to the Earl of Strathmore for life, and then the rest in tail. But included, was a gift of £5000 to the trustees for ‘planting trees for shelter on the Wemmergill estate’. There was much more money than needed for planting trees.

Judgment

North J held that the trust was for the benefit of the owners of the estate. Hence the residents could use the surplus money in the way they chose.

See also

Notes

References

External links