Re Osoba | |
Court: | Court of Appeal |
Citations: | [1978] EWCA Civ 3, [1979] 1 WLR 247, [1979] 2 All ER 393 |
Keywords: | Trusts |
Re Osoba. 1978. EWCA. Civ. 3. is an English trusts law case, concerning the construction of a trust to benefit people, rather than a purpose.
Mr. Patrick Osoba had left his wife and family property in Nigeria and elsewhere. It was given to his wife "for her maintenance and for the training of my daughter, Abiola, up to university grade and for the maintenance of my aged mother". It was argued by a son from another marriage that the trust for the daughter was invalid, since it could be regarded as only being for a purpose.
In the High Court, Megarry VC held that the true construction was that the money was held on trust for the wife, daughter and mother, absolutely as joint tenants.[1]
Goff LJ upheld the High Court on the main point that the property was given to the daughter on trust absolutely, so nothing resulted to the testator’s estate. Buckley LJ concurred and said the following.[2]
Eveleigh LJ concurred.