The Archive · 1928

Suitability of Site

The Crown Advocate hax very proc perly argued that the site mentioned Jin the will cannot be changed unless it ix shown that it is impossible to build an institution suchos described on the site in question, and that, iF the scheme for the institution, at present selected is not suitable for the site, another scheme should he ehoxen, some of will were order some were pose of showing that which appears to he the general trend of mind of the learned Judges ju riving at their decisions, and that that the guiding principle appears to be that the general or main intention of the testator should be carried out and supported if necessary by the application of ey-pres. This shown by such phrases as the fol-owing, which I quote from the eases Titerall in substance by an-have cited:—"Cannot be executed

other mode;" "the general object is not to be defeated can be attained" "impossible to apply in the exact, way can only be applied beneficially by—different "cannot be executed liter cher mode may be "consistent with his int to be defeates tion of the testator was to benefit ete.; "taking the will as a whole, the paramount intention was":—"Impossible to carry out the precise direction," "main object of

Text read from the printed page and cleaned; old type leaves the occasional error.

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