The Animal as a Chattel? Conferring Equitable Rights on Non-Human Animals

Describing the Re Dean line of authorities as private purpose trusts misconceives the interests that animals themselves have under trusts established for their benefit. The animal trust cases should be quarantined from the category of anomalous purpose trusts. They should be regarded as examples of a sui generis trust, in which particular animals are themselves beneficiaries, with equitable rights exigible against the trustee and the trust fund. Considered in this light, there is little to distinguish an animal trust from a trust established for a severely disabled person or an unborn child. Deploying the language of the "purpose" trust in this context is a needless diversion and will stultify the development of this important branch of trust law.