Three Certainties of Trust
These are first class notes on the Three Certainties of trust, which is one of the first topics you will study on your Equity and Trusts law course. The cases provide easy to read quick summaries. Every case is given to the learner in a brief synopsis together with the relevant citations and information. The case's ratio and the explanation of how it interacts with the general principle come next. There is also recommendations on how the case ought to be handled in the discussion. There is also some very useful academic commentary. If you want a first in Trusts then this is a good first step.
Cases
Certainty of intention
Paul v Constance [1977] 1 WLR 527, CA
Shah v Shah [2011] 1 P. & C.R. DG19, CA
Mugsoorie Bank v Raynor (1882) 7 App Cas 321
Lamb v Eames (1871) LR 6 Ch App 597
Re Adams and Kensington Vestry (1884) 27 Ch D 394
Comisky v Bowring-Hanbury [1905] AC 84, HL
Jones v Lock (1865) 1 Ch App 25
Certainty of subject matter
Palmer v Simmonds [1854] 2 Drew 221
Sprange v Barnard (1789) 2 Bro CC 585
Boyce v Boyce (1849) 16 Sim 476
Re Kolb's Will Trusts [1962] Ch. 531
Re Golay’s Will Trusts [1965] 1 WLR 969
Ottaway v Norman [1972] Ch 698
Re London Wine Co Ltd [1986] PCC 121
Hunter v Moss [1994] 1 WLR 452 (Affirmed in Re Harvard Securities [1998] BCC 567)
Certainty of object (Who are the beneficiaries)
Inland Revenue Commissioners v Broadway Cottages Trust [1955] Ch. 20 (overruled)
Re Gulbenkian’s Settlements [1970] AC 508
McPhail v Doulton [1971] AC 424
Re Baden Deed Trusts (No 2) [1973] Ch 9
R v District Auditor, ex p West Yorks MCC (1986) 26 RVR 24, noted [1986] CLJ 391
Re Manisty's ST [1974] Ch 17
Re Coxen [1948] Ch 747
Re Leek [1969] 1 Ch 563
Re Tuck’s Settlement Trust [1978] Ch 49
Re Tepper's WT [1987] Ch 358
These are first class notes on the Three Certainties of trust, which is one of the first topics you will study on your Equity and Trusts law course. The cases provide easy to read quick summaries. Every case is given to the learner in a brief synopsis together with the relevant citations and information. The case's ratio and the explanation of how it interacts with the general principle come next. There is also recommendations on how the case ought to be handled in the discussion. There is also some very useful academic commentary. If you want a first in Trusts then this is a good first step.
Cases
Certainty of intention
Paul v Constance [1977] 1 WLR 527, CA
Shah v Shah [2011] 1 P. & C.R. DG19, CA
Mugsoorie Bank v Raynor (1882) 7 App Cas 321
Lamb v Eames (1871) LR 6 Ch App 597
Re Adams and Kensington Vestry (1884) 27 Ch D 394
Comisky v Bowring-Hanbury [1905] AC 84, HL
Jones v Lock (1865) 1 Ch App 25
Certainty of subject matter
Palmer v Simmonds [1854] 2 Drew 221
Sprange v Barnard (1789) 2 Bro CC 585
Boyce v Boyce (1849) 16 Sim 476
Re Kolb's Will Trusts [1962] Ch. 531
Re Golay’s Will Trusts [1965] 1 WLR 969
Ottaway v Norman [1972] Ch 698
Re London Wine Co Ltd [1986] PCC 121
Hunter v Moss [1994] 1 WLR 452 (Affirmed in Re Harvard Securities [1998] BCC 567)
Certainty of object (Who are the beneficiaries)
Inland Revenue Commissioners v Broadway Cottages Trust [1955] Ch. 20 (overruled)
Re Gulbenkian’s Settlements [1970] AC 508
McPhail v Doulton [1971] AC 424
Re Baden Deed Trusts (No 2) [1973] Ch 9
R v District Auditor, ex p West Yorks MCC (1986) 26 RVR 24, noted [1986] CLJ 391
Re Manisty's ST [1974] Ch 17
Re Coxen [1948] Ch 747
Re Leek [1969] 1 Ch 563
Re Tuck’s Settlement Trust [1978] Ch 49
Re Tepper's WT [1987] Ch 358
These are first class notes on the Three Certainties of trust, which is one of the first topics you will study on your Equity and Trusts law course. The cases provide easy to read quick summaries. Every case is given to the learner in a brief synopsis together with the relevant citations and information. The case's ratio and the explanation of how it interacts with the general principle come next. There is also recommendations on how the case ought to be handled in the discussion. There is also some very useful academic commentary. If you want a first in Trusts then this is a good first step.
Cases
Certainty of intention
Paul v Constance [1977] 1 WLR 527, CA
Shah v Shah [2011] 1 P. & C.R. DG19, CA
Mugsoorie Bank v Raynor (1882) 7 App Cas 321
Lamb v Eames (1871) LR 6 Ch App 597
Re Adams and Kensington Vestry (1884) 27 Ch D 394
Comisky v Bowring-Hanbury [1905] AC 84, HL
Jones v Lock (1865) 1 Ch App 25
Certainty of subject matter
Palmer v Simmonds [1854] 2 Drew 221
Sprange v Barnard (1789) 2 Bro CC 585
Boyce v Boyce (1849) 16 Sim 476
Re Kolb's Will Trusts [1962] Ch. 531
Re Golay’s Will Trusts [1965] 1 WLR 969
Ottaway v Norman [1972] Ch 698
Re London Wine Co Ltd [1986] PCC 121
Hunter v Moss [1994] 1 WLR 452 (Affirmed in Re Harvard Securities [1998] BCC 567)
Certainty of object (Who are the beneficiaries)
Inland Revenue Commissioners v Broadway Cottages Trust [1955] Ch. 20 (overruled)
Re Gulbenkian’s Settlements [1970] AC 508
McPhail v Doulton [1971] AC 424
Re Baden Deed Trusts (No 2) [1973] Ch 9
R v District Auditor, ex p West Yorks MCC (1986) 26 RVR 24, noted [1986] CLJ 391
Re Manisty's ST [1974] Ch 17
Re Coxen [1948] Ch 747
Re Leek [1969] 1 Ch 563
Re Tuck’s Settlement Trust [1978] Ch 49
Re Tepper's WT [1987] Ch 358