O the research propaganda enjoined by the testator

o The research & propaganda enjoined by the testator seem to me merely to tend
to the increase of public knowledge in a certain respect… There is no element
of teaching or education combined with this...”
Re Hopkins Will Trusts
 Trust for ‘finding Bacon-Shakespeare manuscripts’
 Would improve sum of communicable knowledge & so for advancement of education.
Re Pinion
 Gift of paintings, furniture, china, glass & bric-a-brac to be used to endow museums.
 Wilberforce J – ‘there is just enough … in the collection to make a contribution to the
formation of artistic taste to justify it…’
 CoA – No charitable trust – pictures ‘atrociously bad’ & worthless.
 ‘Apart from pictures there is a haphazard assembly – it does not merit the name
collection – of furniture & objects of so-called “art” about which expert opinion is
unanimous that nothing beyond the third-rate is to be found’.
What does public benefit require for education?
 Educational trust must be for benefit of community or section of community
( Compton/Oppenheim test).
 Trust for promotion of education of particular individuals – not valid charitable trust.
Meaning of ‘ Public ’
Oppenheim v Tobacco Securities
 Trust to provide for education of children of employees or former employees of
British-American Tobacco.
 Lord Simonds:

– These words ‘section of the community’ have no special sanctity, but they
conveniently indicate first, that the possible beneficiaries must not be
numerically negligible, and secondly, that the quality which distinguishes
them from other members of the community … must be a quality which does
not depend on their relationship to a particular individual.
Examples of educational trusts
 For founding a Cambridge college.
 For advancement of science of surgery.
 For an art gallery & a museum.
 For a Navy League Sea Cadet Corps.
 To promote the work of the composer Delius.
 In aid of law reporting (not for profit).
 University football club.
 Boy scout’s association.
 For school chess.
Trusts for advancement of religion
What does religion mean?
Does it require certain modes of belief or practice?