“Trusts fail if subject matter lacks certainty - 'bulk of estate' insufficient.”
The testator left 'the bulk of my residuary estate' to trustees for his family. The executors sought court guidance on whether this created a valid trust given the uncertainty of what constituted the 'bulk'.
Whether the phrase 'the bulk of my residuary estate' was sufficiently certain to create a valid trust of the subject matter.
The trust failed for uncertainty of subject matter. The court could not determine what portion of the estate constituted the 'bulk'.
Established the fundamental principle that certainty of subject matter is essential for trust validity. Demonstrates judicial reluctance to save uncertain trusts through interpretation.
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OSCOLA Citation
Palmer v Simmonds (1854) 2 Drew 221
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