Hardey v Tory

This case concerned an appeal to the High Court of Australia from a decision of the Supreme Court of Western Australia. The dispute arose from the interpretation of a will made by Joseph Hardey, who directed his trustees to hold a portion of his estate upon trust. Specifically, the testator directed that one half of the remaining moneys be paid to the secretaries for the time being of the Wesleyan Missionary Society in London, and in the event of no children of his daughters surviving, the entire residue was to be divided between the trustees of the Wesleyan Methodist Society at Perth and the secretaries of the Wesleyan Missionary Society in London. The testator's daughters died without issue, leading to the application of the residuary clause.

The primary legal issue before the High Court was whether the bequests to the secretaries of the Wesleyan Missionary Society in London constituted valid charitable gifts. The appellant argued that the gifts were intended for the secretaries personally and that the trusts were too indefinite to be carried into effect, or alternatively, that no general charitable intention was disclosed in the will. The respondents contended that the gifts were for the purposes of the Society, which were charitable.

The High Court, affirming the decision of the Supreme Court, held that the gifts to the secretaries of the Wesleyan Missionary Society in London were valid charitable bequests. The Court reasoned that a gift made to a society with a distinctive charitable purpose should prima facie be considered a gift for that purpose, unless the will indicates otherwise. In this instance, the purposes of the Wesleyan Missionary Society were known to the law as charitable, and there was nothing in the will to contradict this presumption. Therefore, the bequests were interpreted as being for the charitable purposes of the Society.

The appeal was dismissed with costs.