Fund for widows and children of deceased police force
Force amalgamated with other police forces and
operation of fund came to end.
Distribution of fund?
Goff J in Divisional Court:
Dismissed argument that fund belongs in equal shares to surviving members.
Also dismissed argument that there was a resulting
trust for former and surviving members, because they put their money in on a
contractual basis and not one of trust.
Hence members’ contributions are bona vacantia (though
members may have contractual remedy).
But regarding money from outside sources, there would be a resulting trust for the
donors, in accordance with Re Abbott
Fund, apart from two classes of donation:
1. Where money
came from raffle proceeds (contractual relationship, not one of trust)
2. Where money
put into collection boxes (contributors part with money ‘out and out’)