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2458048
Re Gulbenkian Settlement Trust (No1) L Upjohn
Description
Lord Hodson and Lord Guest agreed
No tags specified
trusts & equity
three certainties
undergraduate
Mind Map by
harrishyatt
, updated more than 1 year ago
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Created by
harrishyatt
about 9 years ago
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Resource summary
Re Gulbenkian Settlement Trust (No1) L Upjohn
Issue
whether that clause is void of uncertainty
Decision
clause 2i
it is a mere power/bare power/collateral power
it is not a trust power
so trustees have no "duty to exercise it"
Test for validity of mere power when class of appointees unascertainable
provided valid gift over or trust in default of appointment
valid if evidentially certain - is or not part of class
this clause satisfies the test
"residing"
persons "with whom" the son is residing
persons "in whose company" the son is residing
persons "under whose care and control" the son is residing
irrelevant whether ascertain everyone/complete list
Obiter
construction
court first apply literal
if literal makes no sense use common sense to make sense of it.
understand intentions
this determines a mere power or trust power
the principle
donor must make sufficiently plain as to the objects of his trust
court cannot give effect via misinterpreting intentions by dividing fund merely among those present
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