What is the testator’s intent to give to charity in a charitable gift?
Saskatchewan, Canada
The following excerpt is from Brooks (Estate) (Re), 1969 CanLII 593 (SK QB):
Lord Eldon in Moggridge v. Thackwell (1803) 7 Ves Jun 36, 32 ER 15, stated the principle applicable to charitable gifts as follows, at p. 69: “ * * * if the testator has manifested a general intention to give to charity, the failure of the particular mode, in which the charity is to be effectuated, shall not destroy the charity; but if the substantial intention is charity, the law will substitute another mode of devoting the property to charitable purposes, though the formal intention as to the mode cannot be accomplished.”
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