| Re Bowes | |
|---|---|
 | |
| Court | High Court |
| Citation | 1 Ch 507 |
| Keywords | |
| Certainty, express trusts | |
Re Bowes 1 Ch 507 is an English trusts law case, concerning the policy of the "beneficiary principle". It held that a trust which uses words relating to a purpose of doing something, but ultimately for the benefit of a group of people, can be construed as being for the benefit of those people. The consequence is that the people may exercise their right to dissolve the trust, according to Saunders v Vautier.
Facts
John Bowes in his will left his estate to the Earl of Strathmore for life, and then the rest in tail. But included, was a gift of £5000 to the trustees for ‘planting trees for shelter on the Wemmergill estate’. There was much more money than needed for planting trees.
Judgment
North J held that the trust was for the benefit of the owners of the estate. Hence the residents could use the surplus money in the way they chose.
See also
| Trust enforceability cases | |
|---|---|
| Morice v Bishop of Durham EWHC Ch J80 | |
| Saunders v Vautier (1841) EWHC Ch J82 | |
| Re Astor's Settlement Trusts Ch 534 | |
| Re Andrew's Trusts 2 Ch 48 | |
| Re Shaw 1 WLR 729 | |
| Re Endacott EWCA Civ 5 | |
| Re Denley's Trust Deed 1 Ch 373 | |
| Re Osoba EWCA Civ 3 | |
| Recognition of Trusts Act 1987, Sch 1, art 18 | |
| Bermuda Trusts (Special Provisions) Act 1989 ss 12A and 12B | |
| Twinsectra Ltd v Yardley UKHL 12 | |
| Perpetuities and Accumulations Act 1964 ss 1 and 3 | |
| Perpetuities and Accumulations Act 2009 ss 5, 7-11 | |
| Beneficiary principle and English trusts law |