O the research propaganda enjoined by the testator

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oThe research & propaganda enjoined by the testator seem to me merely to tendto the increase of public knowledge in a certain respect… There is no elementof teaching or education combined with this...”Re Hopkins Will TrustsTrust for ‘finding Bacon-Shakespeare manuscripts’Would improve sum of communicable knowledge & so for advancement of education.Re PinionGift 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 theformation 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 namecollection – of furniture & objects of so-called “art” about which expert opinion isunanimous 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/Oppenheimtest).Trust for promotion of education of particular individuals – not valid charitable trust.Meaning ofPublicOppenheim v Tobacco SecuritiesTrust to provide for education of children of employees or former employees ofBritish-American Tobacco.Lord Simonds:
These words ‘section of the community’ have no special sanctity, but theyconveniently indicate first, that the possible beneficiaries must not benumerically negligible, and secondly, that the quality which distinguishesthem from other members of the community … must be a quality which doesnot depend on their relationship to a particular individual.Examples of educational trustsFor 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 religionWhat does religion mean?
Does it require certain modes of belief or practice?

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Term
Spring
Professor
N/A
Tags
Wills and trusts, Trust law, Express Trust

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