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Re Endacott
''Re Endacott'' () EWCA Civ 5 is an English trusts law case, concerning the policy of the "beneficiary principle". It held that outside of trusts for animals,〔''Re Dean'' (1889) 41 Ch D 552, a trust for the maintenance of stables and kennels of the testator’s horses and hounds〕 graves〔''Re Hooper'' () 1 Ch 38, building and maintaining graves and funeral monuments〕 and saying private masses〔''Bourne v Keane'' () AC 815, trusts for the saying of private masses〕 (and hunting foxes, till the Hunting Act 2004〔''Re Thompson'' () Ch 342, to promote fox hunting. According to D Hayton and C Mitchell, ''Cases and materials on the law of trusts and equitable remedies'' (2010) 189-190, Romer J ‘erroneously based his judgment on negative enforceability by the default beneficiary when positive enforceability is necessary.’〕) no trusts can be made for purposes that are non-charitable.
==Facts==
Mr Albert Endacott wrote in his will that he would give his son some houses and a factory, and then all the rest to the North Tawton Devon Parish Council ‘for the purpose of providing some useful memorial to myself’ unless his wife was still alive, in which case the interest should be paid to her.
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