ABSTRACT
More frequently, the gift to the association may be construed as a gift to the subsisting members of the association on the date of the gift, not beneficially, but as an accretion to the funds of the society which is regulated by the contract (evidenced by the rules of the association) made by the members inter se. A member who leaves the association by death or resignation will have no claim to the property, in the absence of any rules to the contrary. This approach was supported in an obiter pronouncement by Brightman J in Re Recher’s Will Trust.
