Trust for maintenance of widow and mother, then
‘training of my daughter Abiola up to University grade’.
No gift over to take effect on completion of purposes.
Should surplus funds go on resulting trust to residual
legatees on intestacy?
Megarry V-C held not and gave surplus to wife and Abiola.
For any surplus to go on resulting trust to those who
would take on intestacy is not an intention one would normally ascribe to a
Pointed out distinction between trusts for assistance
of persons (i) where beneficiaries have died and (ii) where they are still
In situation (i) the court holds resulting trust for
the donors [as in Re Abbot Fund].
In situation (ii) the ‘major purpose of providing help
and benefit for the beneficiaries can still be carried out’.