Testator left part of her estate to a specified home
for the elderly, ‘for the benefit of the patients’
Home closed down before her death.
Megarry V-C held gift failed and could not be applied
If a particular institution is identified then it is
that institution and no other which is intended.
[H & M see this as a very narrow view of the
cy-près doctrine and state it is difficult to see why a general charitable
intention was negated]