Re Gillingham Bus Disaster Fund [1958] Ch 300

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  • A fund was established for the benefit of the victims of a bus crash
  • It was to pay for funeral and medical costs
  • Donations came from named and anonymous donor
  • Trustees sought direction about what to do with extra
  • Surplus created a resulting trust that needed to be retained
  • Trustees needed to find donors
  • Trust was not charitable so failed for uncertainty and could not be applied to others
  • Where money is held on trust and the trust purpose has surplus, there is a resulting trust for the donor because they did not mean to dispose of their interest absolutely
  • Therefore where identified, donor should get it back proportionately

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