Re Hopkins' Will Trust [1965] Ch 669

Facts

• The testator established a trust for the "search for the manuscripts of Shakespeare."
• The case concerned whether this research-oriented purpose could constitute a valid charitable trust.
• The Court of Appeal considered the public benefit of research into literary manuscripts and the application of charitable trust principles.
• The trust's objectives were scrutinized to determine if they met the requirement for certainty and public benefit, and whether they conformed with the categories of charitable purposes.

Issues

1. Whether a trust for the purpose of searching for the manuscripts of Shakespeare constitutes a valid charitable trust.
2. Whether the trust's purpose falls within the advancement of education, as recognized under English law.
3. Whether the trust’s objects were sufficiently certain and adequately directed at public benefit to satisfy legal requirements for charitable trusts.
4. Whether the intention of the testator supported a valid charitable purpose rather than a non-charitable one.

Decision

• The court held that a trust for research into the manuscripts of Shakespeare satisfied the advancement of education purpose.
• The trust was determined to provide a public benefit, as research contributing to knowledge and learning satisfies the public benefit requirement, even if tangible results are not immediate.
• The court found the objects of the trust sufficiently certain to be enforceable.
• The settlor’s intention was interpreted as aiming at the advancement of education for the benefit of the public.
• The trust was upheld as valid and charitable.

Legal Principles

• Charitable trusts must satisfy the public benefit requirement and generally fall within the spirit and intendment of the Charitable Uses Act 1601.
• The advancement of education includes research and activities promoting learning, not only formal instruction.
• A charitable trust’s objects must be clearly defined and capable of being executed (certaintly of objects).
• The public benefit requirement does not demand immediate or tangible benefits; the contribution to the public’s understanding or knowledge is sufficient.
• The distinction between charitable and non-charitable purposes depends on whether the trust’s objectives align with recognized charitable purposes and serve a sufficient section of the public.

Conclusion

The Court of Appeal upheld the trust for the search for Shakespeare's manuscripts as a valid charitable trust, clarifying that research furthering education and public knowledge qualifies as charitable and that certainty of objects and public benefit requirements were satisfied in this context.