Re Endacott [1959] EWCA Civ 5 is an English trusts law case, concerning the policy of the "beneficiary principle".
Mr Albert Endacott wrote in his will that he would give his son some houses and a factory, and then all the rest to the North Tawton Devon Parish Council ‘for the purpose of providing some useful memorial to myself’ unless his wife was still alive, in which case the interest should be paid to her.
So to do I think would be to validate almost limitless heads of non-charitable trusts, even though they were not (strictly speaking) public trusts, so long only as the question of perpetuities did not arise; and, in my judgment, that result would be out of harmony with the principles of our law.
The general rule, having such authority as Lord Eldon, Lord Parker and my predecessor Lord Greene as authority behind it, was most recently referred to in a case which we had mentioned to us to-day, in the Privy Council, of Leahy v Attorney-General for New South Wales, 1959 2 Weekly Law Reports, page 722.Re Endacott put an end to non-charitable purpose trusts developing in English law, and stated that only the four previously acknowledge categories held good.
Hayton and Mitchell question whether even those categories are genuinely non-charitable purpose trusts.