ABSTRACT
In limited circumstances, the court is entitled to apportion the fund and devote the charitable portion of the fund for charitable purposes. An apportionment will be ordered where part only of the fund is payable for charitable purposes and the other part for non-charitable purposes. In the absence of circumstances requiring a different division, the court will apply the maxim ‘equality is equity’ and order an equal division of the fund: see Salusbury v Denton.
