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1 Jan 1943

Family And Children [1943] EACA 2

Waljee v Haji and Another

Waljee v Haji and Another (Civil Appeal No. 10 of 1942) [1943] EACA 2 (1 January 1943)

Court: East African Court of Appeal
Case number: Civil Appeal No. 10 of 1942
Judge: Hayden J, Whitley CJ, Wilson ACJ

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…

Source excerpt

Charitable Trusts
Construction Of Wills
Trustee Powers
Maintenance Of Charitable Institutions

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1 Jan 1937

Family And Children [1937] EACA 38

Sidhwa v Mehta and Others (C.A. 29/193.3.)

Sidhwa v Mehta and Others (C.A. 29/193.3.) [1937] EACA 38 (1 January 1937)

Court: East African Court of Appeal
Case number: C.A. 29/193.3.
Judge: Abrahams CJ, Ag P (Uganda), Horne J, Lucie-Smith Ag CJ (Kenya)

The Court held that the bequests to the children of Rustomji and Mobed were class gifts of life interest only, and that under sections 100 and 102 of the Indian Succession Act, 1865, such bequests are void if the class includes persons not in existence at the testator's death and does not comprise the whole remaining interest. The exception in section 98 does not save the gifts, as the will's language does not limit the class to those alive at the testator's death. The Court found that the testator's intention was not to favor one set of children over the other, and that the same construction…