Ex p. Viscount Wimborne v [1983] JLR 17 (19 May 1983)
The court held that the intention of the donor is to be found from the terms of the trust itself, with general intention prevailing over grammatical sense, and provisions interpreted in the context of the document as a whole.
- Citation
- [1983] JLR 17
- Parties
- Applicant: Viscount Wimborne
- Jurisdiction
- Jersey
- Judgment Date
- 19 May 1983
- Procedural Posture
- Trusts / Application for Interpretation
- Outcome
- Application granted
- Legal Topics
- Intention of Donor, Interpretation of Trust Documents
Case Brief
Summary, issues, holding and outcome
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Parties
Viscount Wimborne
Applicant
Procedural Posture
Trusts / Application for Interpretation
Legal Issues
- 1 Whether the intention of the donor can be determined from the terms of the trust itself
- 2 Whether general intention prevails over grammatical sense in interpreting trust documents
Ratio Decidendi
The court held that the intention of the donor is to be found from the terms of the trust itself, with general intention prevailing over grammatical sense, and provisions interpreted in the context of the document as a whole.
Court Disposition
Application granted
Full Case Text
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