Trusts - Certainty of Subject

Created by harveycarpenter 

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Sprange v Bernard

Where the whole thing is put on trust with the "remaining part he doesn't want" to go to somebody else, then that bit's ignored for want of certainty and the whole thing goes on trust

Palmer v Simmonds

The "bulk" of my residuary estate is void for want of certainty

Anthony v Donges

"Minimal part" is void for certainty

Re Golay

Despite uncertainty issue, courts will happily define what is a "reasonable income"

Re Goldcorp Exchange

Follows Re London Wine (shippers) in of certainty of chattels - must be identifiable.

Huner v Moss

The problematic UK case for shares - Dillon LJ says this reasoning should only apply to chattels

White v Shortall

The alternative Australian analysis for Hunter v Moss

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