Flashcards
Certainty of Object Flashcards
Cards in this deck (4)
- 1Clayton v Ramsden• Condition Subsequent
• Had the effect of forfeiting property held on trust if the beneficiary were to marry 'a person not of the Jewish faith'
• VOID - uncertain of the meaning of who a member of the faith was - 2Re Jones• 1/2 £ was held on trust for testators daughter - forfeited if she had a social or other relationship with a named person
• VOID for uncertainty - relationship can be broadly defined
• Void even though court had suggested definition
• Now - courts have kinder approach - concerned with respecting wishes of testator/settlor and upholding CS if they can - 3Re Teppers WT• Beneficiaries entitled to income from testators estate when they reached age of 25 as long as they didn't 'marry outside Jewish faith'
• Only valid if can be certain of what was meant by 'Jewish faith'
• SCOTT J - could be conceptually uncertain (like Clayton v Ramsden) but was willing to allow extrinsic evidence to resolve uncertainty - asked 'testator sitting in armchair' what was meant by Jewish faith - 4Re Barlows WT• Testatrix left pictures in her will for sale, said that any members of family/friends can buy them at lower price
• Who were her friends? Was it void for uncertainty?
• Held - sufficiently clear for condition precedent - although 'friends' aren't conceptually certain for other trusts as there many degrees of friendship
• Here it was enough that one person filled condition - onus is on object to show they satisfied condition.
• Here if the trustees considered the burden hadn't been satisfied won't have to sell painting - if trustees unsure - ask court
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- university Equity (Certainties) Flashcards on Certainty of Object Flashcards, created by rachel.mcparlin on 08/04/2015.
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- rachel.mcparlin
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