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. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across ...

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 ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya 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 G ...

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 Sir Robert Edgar Megarry, PC, FBA (1 June 1910 – 11 October 2006) was an eminent British lawyer and judge. Originally a solicitor, he requalified as a barrister and also pursued a parallel career as a legal academic. He later became a High ...

held that the true construction was that the money was held on trust for the wife, daughter and mother, absolutely as joint tenants.

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. 9791 WLR 247, 257 Eveleigh LJ concurred.

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 case law 1978 in British law

Facts

Judgment

See also

References

External links