Re Vernon [1972]

Again, bequest made to charity that no longer existed.
Buckley J in Divisional Court:
Bequest to an unincorporated charity may show that the
testator’s intention was to make the gift dependant upon the named charitable
organisation being available at the time to apply the gift.
But where bequest made to an unincorporated charity by
name without more, it will be assumed that testator intended to create a
charitable purpose trust, and merely indicated that the charitable institution
is to serve as trustee.
Where charitable institution no longer exists the
charitable purpose trust will not fail, for no trust fails for want of a
However this construction less likely where gift is to
corporate body.
[So in case of an unincorporated body, the gift is per
se a purpose trust.
Provided work is still carried on, will have effect
given to it, notwithstanding disappearance of donee.
In case of corporation however, must be something
positive in the will to create a purpose trust]