Brown v Burdett explained

Brown v Burdett
Court:High Court
Citations:(1882) 21 Ch D 667
Judges:Bacon VC
Keywords:Trusts, beneficiary principle

Brown v Burdett (1882) 21 Ch D 667 is an English trusts law case, concerning the ability to create a trust for a purpose that does not benefit any actual person.

Facts

An old lady, Anna Maria Burdett who lived in Gilmorton, Leicestershire demanded in her will that her house be boarded up with "good long nails to be bent down on the inside", but for some reason with her clock remaining inside, for twenty years.[1] She directed her trustees to visit the house every three months to see that the trusts were effectually carried out, and if any trustee neglected this they should lose their entitlements under the will.

Judgment

Bacon VC cancelled the trust altogether, and held that the twenty-year term was invalid for the house, yard, garden, and outbuildings.[2] He said very briefly,

See also

Notes and References

  1. Book: Moffat, Graham . Trusts Law: Text and Materials . 2005-09-29 . Cambridge University Press . 978-1-139-44528-3 . 251 . en.
  2. Pawlowski . Mark . 2019-12-11 . It's a wonderful life! . New Law Journal . en . 169 . 7868 . 26 . 0306-6479.