certainty of subject matter

Question 1

sprange v barnard

Answer 1

The trust was void for uncertainty of subject matter.
gift was given instead

Question 2

Re Golay’s Will Trusts [1965] 1 WLR 969

Answer 2

subtle but important rule - golay left some property for his mistress tessa bridgewater (?) -a group of properties - she was to be given occupation and reasnable income from the rest - under beneficiaries in will said its subjective - court said no no no - reasonable income is always clear - courts say they can work it out based on lifestyle, income etc - sufficient certainty of subject matter

Question 3

Palmer v Simmonds (1854) 2 Drew 221

Answer 3

• linguistic uncertainty - bulk of their estate. - bulk hvaing no universal meaning

Question 4

Boyce v. Boyce (1849) 16 Sim 476

Answer 4

father had 4 houses - left 1 to his daughter maria - char got 3 that maria didnt want - maria died before father and didnt get selection - charlottes expectation was uncalculable - trust would be valid if she were to be alive and make a choice - but charlottes share was unassertainable

Question 5

Re Goldcorp Exchange [1995] 1 AC 74

Answer 5

For intangible property such as shares, the trust property is certain even if identified by words such as ‘5% of my shareholding’ or ‘50 out of my 250 shares’