... identifiable and the same rule also applies to monuments.3 Such trusts may also be enforced by a residuary lettagee4. So a specific gift may be subject to negative enforcement in that a residuary beneficiary can claim on resulting trust if the purpose is not carried out. It was presumed because they would be entitled to the surplus, they would not want the fund to be spent frivolously, because this will affect the amount they ultimately receive as indirect beneficiaries. However because these are anomalous cases the courts do not always apply the same principles. 5For instance in RE DEAN6 the courts allowed the trust even though it did not express a residue estate. However because this overlooks the beneficiary principle, it is unlikely that courts will apply such a badly decided case. It may not be appropriate to enact a will for the purpose of extending the building because although the ...

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