“Court establishes certainty requirement for charitable trusts and cy-près doctrine”
A testator left property to the Bishop of Durham for charitable purposes but failed to specify the particular charitable objects or purposes. The Bishop argued the gift was valid as a general charitable bequest, while beneficiaries challenged its validity on grounds of uncertainty.
Whether a charitable gift that fails to specify particular charitable purposes is valid, and what remedies are available when charitable purposes are uncertain but the charitable intention is clear.
The court held that the gift was valid despite the uncertainty of objects, as there was a clear general charitable intention, and the court could apply the cy-près doctrine to direct the funds to specific charitable purposes.
This case established the foundational principles of charitable trust law in England, including the cy-près doctrine and the court's supervisory jurisdiction over charities. It remains the starting point for modern charitable trust validity requirements.
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OSCOLA Citation
Morice v Bishop of Durham (1805) 10 Ves 522
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