“… the words “at their [trustees] discretion” would in that case mean no more than a direction that the particular mode of application within the charitable purposes of the legacy is to be settled by the trustees, or in other words they (the trustees) are given the power to settle the scheme of the trust provided it comes within the scope the testator himself defined and which is charitable. In the case of In re Garrard [1907] 1 Ch. 382 where the vicar and churchwardens of a certain parish were to apply certain monies “in such manner as they shall in their sole discretion think fit” it was held that the bequest was a good charitable gift for ecclesiastical purposes in the Parish.”
Per ADETOKUNBO ADEGBOYEGA ADEMOLA, JSC PHILLIPS V. PHILLIPS (1967) LCER-440(SC) (Pp 7 – 8, Paras E – C)
See Also:
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- ELECTORAL MATTERS: Discretion of the Court in Election Petitions
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