Ex Parte: Transvaal Volunteers' Sustentation Fund Trustees Of [1914] ZAWLD 26 (22 October 1914)

Reported
Flynote

Trust.-Failure of objects.-Addition to objects.-Cy pres
doctrine.

Case summary

Where the cbjects of a trust fund were to afford relief and sustenance to members
of the Volunteer or Irregular Forces of the Province, and such forces ceased
to exist by the act of Legislature and were replaced by the Defence Forces,and the trust deed empowered the trustees to apply to the Court, in case the objects of the trust became impossible of execution, for leave to vary or alter the same for some other beneficial public object within the Provmce, the Court, under the cy pres doctrine, added to the objects the power to afford similar relief to members of the Defence Forces.


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