Palmer v Simmonds
| Palmer v Simmonds | |
|---|---|
| Citation | (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 Its outcome may have become outdated by the more recent judgments in In re Roberts and Re Golay's Will Trusts.[1]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's will gave her residuary estate to Thomas Harrison, with the expression of confidence that if he died without issue, he would leave the bulk of her estate to William Fountain Simmonds, James Simmonds, Thomas Elrington Simmonds, and Henrietta Rosco Markham equally. - Harrison died without issue, and the question arose whether a precatory trust was created in favor of the four individuals.
Judgment
The court held that the use of the word "bulk" in the will did not create a trust because it was an uncertain term, and the testatrix had not designated a clear and certain part of her estate as the subject of the trust.
- Escollen Sibale
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
