Summary

Upjohn J The Trusts of The Arthur Mcdougall Fund Thompson and Others v…

The fact that theoretical forms of government may be studied does not, I think, detract from that in the least. It seems to me that, as a matter of construction, the trust deed was trying to provide for public instruction in the matters set out and not to create some merely private study and knowledge. I think that is clear from the terms of sub-cl (c) , sub-cl (d) and sub-cl (e) . Therefore, on the true construction of those two clauses, standing alone, I should come to the conclusion that this constituted a valid charitable trust.
Source: Wikisource

Upjohn J The Trusts of The Arthur Mcdougall Fund Thompson and Others v…

Before I come to the terms of the trust deed, it may be convenient to say a few words about the society. The objects of the society are to secure the adoption of the principle of proportional representation by the method of the single transferable vote in national, local and other elections. That may be a very laudable object, but it is clear that it is not a charitable object for the simple reason that, as the society is seeking to alter the method of voting at present in force, legislation would be required, and, therefore, their principal object is to alter the law of this country.
Source: Wikisource

Upjohn J The Trusts of The Arthur Mcdougall Fund Thompson and Others v…

Again, he commented on "the advancement of learning", submitting that the mere advancement of learning by itself was not necessarily charitable. He drew attention to the very vague form of sub-cl. (a) and he said that the "advancement of learning" in matters affecting forms of government which had existed in the past also covered entirely theoretical forms of government whether or not they had ever existed. He also commented on the vagueness of sub-cl. (b) , pointing out that it was merely to encourage "interest in and knowledge of the science of government and civics".
Source: Wikisource

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