Re Tuck’s Settlement Trusts: CA 1 Nov 1977

By his will, Sir Adolph Tuck sought to ensure that his successors should be Jewish, and stated that the arbitrators of this must be the Chief Rabbi of his community.

Lord Denning MR Lord Russell of Killowen, Eveleigh LJ
[1977] EWCA Civ 11, [1978] Ch 49, [1978] 1 All ER 1047, [1978] 2 WLR 411
England and Wales
CitedRe Coxen, McCallum v Coxen ChD 1948
The provision for an annual dinner for the charity trustees did not undermine the body’s charitable status.
Jenkins J summarised the law applicable where ‘a fund or the income thereof is directed to be applied primarily to purposes which are . .
CitedWhishaw v Stephens (on appeal from In re Gulbenkian’s Settlement) (No 1) HL 31-Oct-1968
Parties disputed the effect of clauses describing the beneficiaries of a trust.
Held: The clause did not make sense as it stood. In a fixed non-charitable trust (as opposed to a discretionary trust) the court must be able to draw up a list of . .
CitedMcPhail v Doulton (on appeal from In re Baden’s Deed Trusts) HL 6-May-1970
The settlor asked whether the test for validity, in point of certainty of objects, is the same for trusts and powers, or whether the test for trusts is more demanding.
Held: The test is the same. The context was a provision, held to be a . .
CitedClayton 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 . .
CitedRe Allen (dec’d) CA 1953
The testator had devised property to the eldest of the sons of his nephew ‘who shall be a member of the Church of England and an adherent to the doctrine of that Church’.
Held: The will created a condition precedent or qualification in . .
CitedPatton v The Toronto General Trusts Corporation and Others PC 30-Jun-1930
(Ontario) The court considered the validity of gifts of annuities made subject to a condition precedent that the beneficiary proves himself to be ‘of the Lutheran religion’.
Held: The claim to the annuity was made out. Evidence might be given . .
CitedRe Tarnpolsk ChD 1958
It was impossible to give sufficient meaning to the phrase ‘a person of the Jewish race’, and the condition failed for conceptual uncertainty, even in a condition precedent. . .
CitedRe Selby’s Will Trusts ChD 1966
. .
CitedRe Wynn (deceased) 1952
A provision in a will which purported to make the decision of the trustees final on any matter in dispute between them and the beneficiaries was a provision calculated to oust the jurisdiction of the court and so was void as being contrary to public . .

Cited by:
CitedCreasey and Another v Sole and Others ChD 24-May-2013
The parties, brothers and sisters, disputed ownership of lands to be inherited from the estates of their parents, and whether parts of the farm purchased in several lots under different ownerships descended as part of the farm. . .

Lists of cited by and citing cases may be incomplete.

Wills and Probate, Trusts

Updated: 11 December 2021; Ref: scu.262703