Palmer v Simmonds
| Palmer v Simmonds | |
|---|---|
| Citation(s) | (1854) 2 Drew 221 |
| Keywords | |
| Trusts, certainty | |
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 Its outcome may have become outdated by the more recent judgments in In re Roberts and Re Golay's Will Trusts.[1]
Facts
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, Thomas Elrington Simmonds and Henrietta Rosco Markham equally.’
Judgment
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 court to determine what was meant.
See also
- v
- t
- e
Trust certainty cases
Knight v Knight (1840) 49 ER 58
Jones v Lock (1865) 1 Ch App 25
Paul v Constance [1976] EWCA Civ 2
Sprange v Barnard (1789) 2 Bro CC 585
Boyce v Boyce (1849) 16 Sim 476
Palmer v Simmonds (1854) 2 Drew 221
Re London Wine Co (Shippers) Ltd [1986] PCC 121
Hunter v Moss [1993] EWCA Civ 11
Re Harvard Securities [1997] EWHC Comm 371
In re Roberts (1881-82) LR 19 Ch D 520
Re Gulbenkian’s Settlements [1968] UKHL 5
McPhail v Doulton [1970] UKHL 1
Re Baden’s Deed Trusts (no 2) [1972] EWCA Civ 10
Re Tuck’s Settlement Trusts [1977] EWCA Civ 11
Re Barlow’s Will Trusts [1979] 1 WLR 278
West Yorkshire MCC v District Auditor No 3 [1986] RVR 24
Certainty and English trusts law
- English trust law
Notes
- ^ [1965] 1 WLR 969
