WebAug 14, 2024 · Similarly, Palmer v Simmonds , there was no trust as the word ‘ bulk’ was uncertain. Hence the disposition probably may fail, as it is uncertain, which house Lucy, should reside in. For a valid discretionary trust, “it is simple law that a trust must be for ascertainable beneficiaries” . Before ...
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WebIn Palmer v Simmonds (1854) 2 Drew 221, the phrase " leave the bulk of my said residuary estate..." was used in a will trust. Sir Richard Torin Kindersley held that as the court … WebPalmer v Simmonds [1854] 2 Drew 221: A transfer by will to Thomas Harrison declared that, subject to a number of stipulations, he should leave the bulk of this property by will equally to four named persons. The court decided that no trust was intended and Thomas Harrison acquired the property beneficially. hundebandagen
THE THREE CERTAINTIES REQUIRED TO DECLARE …
WebIt would also discuss the problem of conceptual uncertainty in relation to ‘ the bulk of an estate ’ (from Palmer v Simmonds) and ‘ reasonable income ’ (from Re Golay). Poor answers to this question … merely described the relevant cases and rules without analysis, or were a general essay on the three certainties. Palmer v Simmonds (1854) 2 Drew 221 is an English trusts law case, concerning the certainty of subject matter to create a trust. Its outcome may have become outdated by the more recent judgments in In re Roberts and Re Golay's Will Trusts. See more Henrietta Rosco, the settlor, said she wanted to create a trust for various people over her property, and then to ‘leave the bulk of my said residuary estate unto the said William Fountain Simmonds, James Simmonds, … See more 1. ^ [1965] 1 WLR 969 See more Sir RT Kindersley held that because the court could not be sure which parts of the residue were meant to be held on trust, the trust failed. The term "bulk" was too uncertain for the … See more • English trust law See more WebPalmer v Simmonds (1854) 2 Drew 221 is an English trusts law case, concerning the certainty of subject matter to create a trust. Its outcome may have become outdated by the more recent judgments in In re Roberts and Re Golay's Will Trusts. [1] Facts can you ski on mount fuji