is an
English trusts law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trust law, Trusts were a creation of the English law of English property law, property and English contract law, obligations, a ...
case, concerning the construction of a
trust to benefit people, rather than a purpose.
Facts
Mr. Patrick Osoba had left his wife and family property in
Nigeria
Nigeria, officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf of Guinea in the Atlantic Ocean to the south. It covers an area of . With Demographics of 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
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminolo ...
.
Judgment
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.
979
Year 979 (Roman numerals, CMLXXIX) was a common year starting on Wednesday of the Julian calendar. It was the 979th year of the Common Era and the Anno Domini designation, the 979th year of the 1st millennium, the 79th year of the 10th century, ...
1 WLR 247, 257 concurred.
See also
*
English trust law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trust law, Trusts were a creation of the English law of English property law, property and English contract law, obligations, a ...
References
External links
* {{cite bailii, litigants=Re Osoba, year=1978, court=EWCA, division=Civ, num=3
English trusts case law
Court of Appeal (England and Wales) cases
1978 in United Kingdom case law