Facts
- 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
Held
- 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
-- Download Re Gillingham Bus Disaster Fund [1958] Ch 300 as PDF --

