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Legat and Others v Barrett and Others (Civil Suit No. 745 of 1951 (0.S.)) [1954] EACA 13 (1 January 1954)
The court held that a memorial trust for a hostel failed because the fund was insufficient and no general charitable intention could be inferred.
Waljee v Haji and Another (Civil Appeal No. 10 of 1942) [1943] EACA 2 (1 January 1943)
The court held that there was sufficient evidence for the trial judge to find that the trust properties generated enough income to support the proposed charitable scheme. The will did not expressly prohibit the acceptance of grants from outside sources, and the testator's general charitable intention was to maximize the benefit to the community. The court found no basis to read an exclusivity requirement into the relevant clauses of the will. Therefore, the trustees were permitted to accept outside grants, provided they were not subject to conditions contrary to the will. The appellant truste…
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