Any provision determining or divesting an estate held on trust ‘must be such that the Court can see from the beginning, precisely and distinctly, upon the happening of what event it was that the preceding vested estate was to determine’
Judges:
Lord Cranworth
Citations:
(1859) 7 HLC 707
Jurisdiction:
England and Wales
Cited by:
Cited – Sifton v Sifton PC 1938
(Canada) The court considered the validity of a gift in a will challenged for uncertainty, in this case a condition as to residency within a country.
Held: Lord Romer said that the meaning of such words as reside or residence, ‘obviously . .
Cited – Clayton v Ramsden HL 1943
A condition in the will was that the legatee, his daughter, should not marry a person ‘not of Jewish parentage and of the Jewish faith.’
Held: The condition was void for uncertainty. Lord Russell of Killowen said: ‘The courts have always . .
Cited – Fraser and Another v Canterbury Diocesan Board of Finance and others HL 27-Oct-2005
Land had been acquired by a deed under the 1841 Act, but had in 1995 ceased to be used as a school ‘for the education of children and adults of the labouring manufacturing and other poorer classes . . And for no other purpose ‘. Under the Act, the . .
Lists of cited by and citing cases may be incomplete.
Trusts
Updated: 07 December 2022; Ref: scu.231640
