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Re Endacott information


Re Endacott
CourtCourt of Appeal
Full case namere ENDACOTT, dec CORPE v ENDACOTT and Others.
Citation(s)[1959] EWCA Civ 5, [1960] Ch 232
Transcript(s)[1]
Court membership
Judge(s) sittingLord Evershed MR, Sellers LJ, Harman LJ
Keywords
Certainty, express trusts

Re Endacott [1959] EWCA Civ 5 is an English trusts law case, concerning the policy of the "beneficiary principle". It held that outside of trusts for animals,[1] graves[2] and saying private masses[3] (and hunting foxes, till the Hunting Act 2004[4]) no trusts can be made for purposes that are non-charitable.

  1. ^ Re Dean (1889) 41 Ch D 552, a trust for the maintenance of stables and kennels of the testator’s horses and hounds
  2. ^ Re Hooper [1932] 1 Ch 38, building and maintaining graves and funeral monuments
  3. ^ Bourne v Keane [1919] AC 815, trusts for the saying of private masses
  4. ^ Re Thompson [1934] Ch 342, to promote fox hunting. According to D Hayton and C Mitchell, Cases and materials on the law of trusts and equitable remedies (2010) 189-190, Romer J ‘erroneously based his judgment on negative enforceability by the default beneficiary when positive enforceability is necessary.’

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