Zusammenfassung der Ressource
IRC v Broadway Cottages Trust LJ Jenkins
- Issue
- Was it the appellant's money?
- was a valid trust creates for the appellants?
- Facts
- Settlement provisions
- class of beneficiaries described
Anmerkungen:
- employees from 1870 up until 1980,
emplyees appointed by several people
wives of employees
- Decision
- class of beneficiaries
- unascertainable
Anmerkungen:
- this means it is impossible at any given time to achieve to achieve a complete and exhaustive enumeration of all persons then qualified for the inclusion in the class of "beneficiaries"
- so the trust is uncertain
- there can be no division of equal shares when not all the member of the class are known
- evidentially certain
Anmerkungen:
- possible to determine with certainty whether or not any particular individual is or is not a member of the class
- the court cannot control or execute this trust
- respondents successful arguments
- cannot enforce trustees to excerice an uncontrolled discretion
Anmerkungen:
- discretion to determine who qualifies as beneficiary
- not particular beneficiary can execute trust
Anmerkungen:
- unascertainable class short of whole beneficiaries no particular beneficiary/ies can claim
- Obiter
- unascertainable but evidentially certain
Anmerkungen:
- while trustees can never discover all the beneficiaries, they can always tell whether a given individual is or is not one of the beneficiaries, and can therefore with certainty, confine any payments they think fit to make to persons qualified as beneficiaries.