Facts:              

Sanderson left all his property in his will on trust whose applies on whole, or any part, for the maintenance of his disable brother. After the death of the brother there was some surplus of money left from the trust. The question arose whether the surplus should go to the estate of that disable brother, or should it go to the estate of the testator? This will in turn depends on whether the expression of the purpose ‘for the maintenance of my brother’ simply indicate the “motive of the gift”, or it actually limit on the subject matter of the gift.

HELD              

It was the limit on the subject matter of the gift because of the words ‘whole, or any part’ –for the maintenance of his brother - that shows that the amount of the gift was limited by the amount necessary to attain the purpose. Therefore, the surplus goes to the testator’s estate on death of the brother.