Husband left property yo widow to dispose of as she thinks best. It was held that there was no trust and widow was entitled to give the property to who she wanted
1 of 19
Re Adams and Kensington Vestry 1884
in full confidence which was held not to have enough certainty of intention
2 of 19
Comiskey v Bowring Hanbury 1905
Words sounded precatory however it was held that the testator had intended a trust under which the wife held a life interest
3 of 19
Re Steele's WT 1948
The will had been prepared with professional help
4 of 19
Paul v Constance 1977
Held that the actions were sufficient to infer that constnce made a declaration of trust of the money in the bank account
5 of 19
Gold v Hill
A man nominated gold as his beneficiary- look after carol and the kids. Gold held the money on trust
6 of 19
Jones v Locke
Held that handing the baby the cheque was symbolic and so there was insufficient certainty of intention
7 of 19
shah v shah
court of appeal held that D declared himself trustee of 4000 shares for M. Intention implied use word holding and D continued to hold legal title and use word declaration
8 of 19
Richards v Delbridge
One family member endorsed on the lease of his business that it was owned by another family member. This gift failed equity will not perfect an imperfect gift. Transfer of business-formalities are required
9 of 19
Twinsectra v Yardley
Y borrowed loan from T contract stated the loan moneys will be utilised solely for the acquisition of property on behalf of our client no other purposes. Y used money for other purpose held if not used for purpose then must be returned
10 of 19
Barclays v Quistclose investments
R held unused money intended for dividends on trust for Q never intended money to be at free disposal
11 of 19
Re Kayford
Money for orders were held in a separate customer trust deposit account before orders sent out. The court held this money was held on trust a trust can be created without using the word trust
12 of 19
Hunter v Moss
There was certainty of subject matter and valid trust of shares despite no indication of which shares where intended
13 of 19
Re London Wine company
Argued wine held on trust but it was held that the subject matter was uncertain as the wine had not been separated from entire wine stock
14 of 19
Boyce v Boyce
Property had not been clearly defined before death and so trust failed
15 of 19
Re Knapton
Beneficiaries had a right to choose which house they wanted the order of choice was according to the order appeared in the will
16 of 19
Morice v Bishop of Durham
For a non charitable trust to be given effect at law the beneficiaires must be identifiable
17 of 19
Mcphail v Doulton
Invalid discretionary trust where the meaning of the words is clear but the definition of beneficiaries is hopelessly wide as not to form anything like a class so is administratively unworkable
18 of 19
Re Baden
Only if a class of beneficiaires is conceptually certain will it be possible to satisfy the test of whether it can be said with certainty that any given individual is or is not a member of the class
19 of 19
Other cards in this set
Card 2
Front
in full confidence which was held not to have enough certainty of intention
Back
Re Adams and Kensington Vestry 1884
Card 3
Front
Words sounded precatory however it was held that the testator had intended a trust under which the wife held a life interest
Back
Card 4
Front
The will had been prepared with professional help
Back
Card 5
Front
Held that the actions were sufficient to infer that constnce made a declaration of trust of the money in the bank account
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