N.B, in relation to named indidual and NOT a named class. eg.
employees; it was held in Re Lucas 1922 that an intention to relieve
property may be inferred from the trust in question which read;
'A gift the the
oldest respectable inhabitant in the town'.
On Oct 4, 9:44 am, Ruddy <[email protected]> wrote:
> Hi,
>
> These are selected excerpts from Griffith model answer to Question 5,
> April 2008.
>
> There is no exhaustive definition of poverty. In Re Gardom a gify of
> temporary residence for 'ladies of limited means' was held to be
> charitable. While in Re Segleman deceased, a gift to poor members of
> the testators family was held to be a trust for a charitable purporse.
>
> In re Compton it was held that the public benefit would not be
> satisfied when the beneficiaries could be identified by reference to
> thei relationship with the donor, however, Martin argues that the
> public benefit requirment for charitable trusts for the relief of
> poverty has vanisjed due to the courts recognition of the so called
> 'poor relations trusts. It appears that poor relation trusts are the
> general exception to the rile set down in Compton. The court upheld
> an apprenticeship fund for two families in White v White. The court
> in in re Segleman deceased held that a gift for the benefit for the
> poor is prima facie a gift for the relief of poverty and it is no less
> charitable if it is limited to a class of persons by virtue of blood
> relationship or indeed employment. Poor relations was extended to
> employees in Dingle v turner.
>
> Hope this clarifies, position. Basically in light of Re Segleman
> particularly, the Compton public benefit test is in a sense put to one
> side in the interests of a general greater good.
>
> On Oct 4, 9:15 am, lionel <[email protected]> wrote:
>
> > HELP! i'm a little confused. is it charitable to leave propt'y for
> > your poor relations but not charitable to leave it to named
> > individuals? if so, what case/s support this?
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