Re Lysaght [1966]

Endowment of medical studentships left to RCS.
Restricted to recipients not of Jewish or Roman
Catholic faith.
College would not accept gift because of condition.
Cy-près employed by court to effectively strike out
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’
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’