Endowment of medical studentships left to RCS.
Restricted to recipients not of Jewish or Roman
Catholic faith.
Catholic faith.
College would not accept gift because of condition.
Cy-près employed by court to effectively strike out
condition.
condition.
Buckley J:
A ‘general charitable intention’ is ‘a paramount
intention on the part of a donor to effect some charitable purpose which the
court can find a method of putting into operation, notwithstanding that it is
impracticable to give effect to some direction by the donor which is not an
essential part of his true intention’
intention on the part of a donor to effect some charitable purpose which the
court can find a method of putting into operation, notwithstanding that it is
impracticable to give effect to some direction by the donor which is not an
essential part of his true intention’
A ‘particular charitable intention’ is ‘where the
donor means his charitable disposition to take effect if, but only if, it can
be carried into effect in a particular specified way’
donor means his charitable disposition to take effect if, but only if, it can
be carried into effect in a particular specified way’
