Re Dean (1889) 41 Ch D 552

Facts

• The testator, Mr. Dean, executed a will including provisions for the continued maintenance of his horses and dogs after his death.
• The will specified that a portion of his estate be allocated for the care of these animals for their lifetimes.
• The executors challenged the validity of the trust provisions, arguing concerns over a lack of a human beneficiary and possible contravention of the rule against perpetuities.

Issues

1. Whether a trust for the care of specific animals can be valid in the absence of direct human beneficiaries.
2. Whether such a trust complies with the requirements of certainty in intention, subject matter, and objects.
3. Whether the trust violates the rule against perpetuities.
4. Whether a trust of this kind is contrary to public policy.

Decision

• The court upheld the validity of the trust for Mr. Dean’s animals.
• It found the testator’s intention to create a trust was sufficiently clear.
• The property allocated and the objects of the trust (the specified animals) were adequately identified.
• The trust was considered enforceable by the trustees despite the absence of a human beneficiary.
• The rule against perpetuities was not breached, as the trust was limited to the animals’ lifetimes.
• The arrangement was not found to contravene public policy.

Legal Principles

• Trusts for the maintenance of animals are not automatically void for uncertainty or lack of human beneficiaries if their terms are sufficiently certain and enforceable by trustees.
• The rule against perpetuities does not invalidate a trust for animals that is strictly limited in duration, such as the animals’ natural lives.
• Trusts for animals may stand where not contrary to public policy and where they do not impose an unreasonable burden on the estate.

Conclusion

Re Dean (1889) 41 Ch D 552 established that a non-charitable trust for the care of animals can be valid if it meets the requirements of certainty and is limited to a defined period, thereby influencing future interpretation of such purpose trusts in English law.