20 Nov 2018
The Marianne Caughey Smith-Preston Memorial Rest Homes Trust Board [2018] NZHC 3014
- Citation
- [2018] NZHC 3014
- Court
- High Court
Clause 5(53) of the will establishes the primary charitable purpose as the provision and operation of Rest Home(s) for aged, infirm or impecunious women; outdoor relief is authorised only as an ancillary adjunct to the Rest Home purpose and not as a standalone primary purpose; the Court has jurisdiction under s66 to give directions; trustees have power under the will and s14 Trustee Act 1956 to sell Upland Home and apply proceeds for the Trust's purposes; the Trust Board's proposed broad direction permitting general outdoor relief was declined and variation should proceed by appropriate schem…