A conveys property to B in trust to apply the profits to the nurture of female foundlings who are to be…
Section 4 allows a trust only for a lawful purpose, and a purpose is unlawful where "the Court regards it as immoral or opposed to public policy". Illustration (a) to…
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A conveys property to B in trust to apply the profits to the nurture of female foundlings who are to be trained up as prostitutes. Under the Indian Trusts Act, 1882, what is the legal position of this trust?
Answer and explanation
Correct answer B
Section 4 allows a trust only for a lawful purpose, and a purpose is unlawful where "the Court regards it as immoral or opposed to public policy". Illustration (a) to section 4 holds this very trust void, since "Every trust of which the purpose is unlawful is void." The care of foundlings cannot be saved on its own, because the nurture is given for the immoral end and the two cannot be separated.