Re Andrew’s trust [1905] 2 Ch. 48


Re Andrew’s trust [1905] 2 Ch. 48 is an Equity and Trusts. It concerns a trust for the purpose of paying for education. 


In Re Andrew’s trust [1905] 2 Ch. 48, a trust was created for the seven children of a clergyman to pay for their education. 


The issue in this case was how the remaining of the funds would be spent.


Kekewich J held that the intention had not been to create a purpose trust, but rather to make an absolute gift to the children with a statement of the settlor’s motive in making the bequest. The surplus was taken by the children in equal shares, in accordance with the implied intention of the contributors. Thus, the court was willing to construe ‘education’ in a broad sense and did not restrict it to formal education.

Distinguished: Re Abbotts Fund Trusts [1900] 2 Ch. 326

For more information, read our notes on Equity and Trusts

References: [1905] 2 Ch. 48, [1905] 5 WLUK 27

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