In Fafalios & Ors v Apodiacos & Ors [2020] EWHC 1189 (Ch), a disagreement arose between the trustees of the Greek Cathedral Cemetery Enclosures Trust, a charitable trust made in 1860 by a Declaration of Trust (“The Cemetery Trustees”) [1] and the trustees of the Greek Cathedral Trust established in 1888 (“The Cathedral Trustees”) [2]. Both charities are linked to the Greek Orthodox Cathedral of the Divine Wisdom in London [3].
In 1935, the Cemetery Trustees had executed a declaration [14] which included this statement:
“NOW therefore the present Trustees hereby declare that all monies which now are or which from time to time may come to their hands from whatsoever source as Trustees of the said First, Second, Third and Fourth Grants and the said declaration of trust dated 31st December 1860 shall be held by them Upon trust to apply them in accordance with any Resolution that may be passed at a General Meeting of the Greek Community in London convened for the purpose by a clear majority of two thirds of the members present at such meeting and voting on such resolution.”
The declaration concluded [15]:
“re: the community or brotherhood of the Orthodox Greek Church
“declaration of trust in respect of the Cemetery Trust.”