Does Washington law recognize a special relationship between a university and its students giving rise to a duty to use reasonable care to protect students from foreseeable injury at the hands of other students? Re Barlow's Will Trusts [1979] 1 W.L.R.278 is an Equity and Trusts case. This case document summarizes the facts and. going to be left after providing Igor with a reasonable income throughout his lifetime, relatives. Jenkins J. 27 Sprange v Barnard (1789) 2 Bro CC 585 Vaughan v Barlow Clowes International Ltd [1991] EWCA Civ 11 is an English trusts law case, concerning tracing. [1] The word family could be construed as any blood relation, and the only reason in other cases to restrict the concept to statutory next of kin had been to save gifts from failing for uncertainty.[2]. The wife continued as the sole occupant, paid the mortgage payments, and paid for improvements in the house. Facts: A building society took money from its members and leant it to other members to buy houses. But such reasoning has no application to a case where there is a condition or description attached to one or more individual gifts; in such cases, uncertainty as to some other persons who may have been intended to take does not in any way affect the quantum of the gift to persons who undoubtedly possess the qualification. 2. held on trust for, on liquidation creditors sought to claim money in the accounts, 1. trust valid & creditors could not claim money, 2. trust void because objects were uncertain: not possible to draw up complete list of every beneficiary of this fixed trust
ibid [425]. I agree with criticismby Lord Evershed in Re Hain [1961] 1 W.L.R. Consequently, the 5 million will be held on resulting trust for the beneficiaries of Hannahs residual estate. Brief Fact Summary. 31 McPhail v Doulton [1971] C 424 where the test is whether it can be said with certainty that any given individual is or 22(<>)), relative was deemed to be sufficiently certain3 (<>)and therefore members of her family would be valid beneficiaries and could take a dress each. Last modified: 2nd Jan 2023, Example case summary. The word is said to be conceptually uncertain since there are so many different degrees of friendship and it is impossible to say which degree the testatrix had in mind. Case Material: Silver. Similarly, in the case of Re Barlow's Will Trusts, it was held that defining such term would be too broad in nature and therefore too difficult to establish which friends were immediately close with the testatrix, and which ones were merely just her acquaintances.30 Nevertheless, this did not prevent Browne-Wilkinson J from giving some . She invested into potato futures using the money and made a large profit. In this provision the subject matter is that each beneficiary may take one dress, so there is no issue with certainty of subject matter as it is clear what property falls under the provision. Documentation; Chapter. . Facts: 11,700 was loaned to Mrs Jones by a partnership. in trust property is defeated by a subsequent event. tall could be said on any reasonable basis to satisfy the test, although it might be impossible to say whether a man, say, 5 ft. 10 ins. ), Criminal Law (Robert Wilson; Peter Wolstenholme Young), Marketing Metrics (Phillip E. Pfeifer; David J. Reibstein; Paul W. Farris; Neil T. Bendle), Principles of Anatomy and Physiology (Gerard J. Tortora; Bryan H. Derrickson), Introductory Econometrics for Finance (Chris Brooks). receives the reasonable income without having to adhere to the clause. would be placed in resulting trust for the beneficiary of the residuary estate. Megaw LJ (majority): postulant test satisfied: administrative unworkability: can invalidate discretionary trust which has certain objects, council was being abolished & created discretionary trust of 400 000, trust invalid: size of class of objects rendered it administratively unworkable, administrative unworkability not cause failure of powers of appointment, capriciousness (irrationality) voids: discretionary trusts & powers of appointment, commercial transactions tend to be covered by contract law but parties may also create trusts, trusts can provide protection if a company goes into liquidation: generally if X is owed money by an insolvent company(Y), X only has a contractual claim as an ordinary unsecured creditor (except if X has taken a mortgage or charge), creditors are paid in statutory order under, if X a beneficiary of trust held by Y, X has equitable proprietary interest & can recover money in full ahead of other creditors, usual rules determining whether trust exists are same for companies, mail order company anticipated it may become insolvent, company received pre-payment for goods from customers, company's accountants recommended paying money received into an, bank paid money into dormant existing account without. 1. Re Barlow's Will Trusts [1979] 1 WLR 278 is an English trusts law case, concerning certainty of the words "family" and "friends" in a will. In McPhail v Doulton20 (<>), the is or is not21 (<>)test was introduced by Lord Wilberforce, with him describing the test as being could it be said with certainty that any given individual is or is not a member of the class22 (<>). property falls under the provision. The Ninth Circuit certified two questions to the Washington Supreme Court: The defendants demanded money but did not touch the attendant who pressed the alarm button and the defendants ran away . In the case of a gift to "my relations in . Held: Following Sinclair v Brougham the Court of Appeal held that equity operates not only on those that acquire property through their own breach of trust, but also in hands of people who are volunteers: equity can follow property into hands of people who do not know there has been a breach of trust (i.e. Summary. was ruled that in terms of discretionary trusts, the term friends lack sufficient This raises the issues of certainty of subject matter, and certainty of object. Barlow Clowes v Vaughan [1992] 4 All ER 22. . Facts: A trust fund was mixed with private money in a bank account. Derek Bentley was an English man who was born on June 30, 1933. include all of the dresses, as none of Hannahs family or friends would have been Along with, and some might argue a factor in, Great Eastern Cutlery's rise in popularity the Charlie Campagna TC barlows caught the hearts (and wallets) of countless knife enthusiasts, bringing more . Cookie policy. CASE XX KNIFE- LARGE SOD BUSTER-BLACK HANDLES-STAINLESS STEEL BLADE- 4 5/8" NIB. A condition subsequent is when a vested interest in trust property is defeated by a subsequent event.16 (<>)In Clayton v Ramsden17 (<>)it was held that condition of defeasance, in order to be valid, should be so framed that the persons affectedcan from the outset know with certainty the exact event on the happening of which their interests are to be divested18 (<>). Issue: was Q an ordinary unsecured creditor or beneficiary under a trust? You can explore additional available newsletters here. A testatrix died in 1975, owning a large collection of pictures. Held: The rule in Claytons case was reaffirmed as the prima facie rule, but will not be applied it impracticable or would result in injustice. Commercial Law (Eric Baskind; Greg Osborne; Lee Roach), Public law (Mark Elliot and Robert Thomas), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. It concerns the certainty of objects. This research contributes to the fields of environmental . define beneficiaries or objects with required degree of certainty
Download . Calouste Gulbenkian, a wealthy Armenian oil businessman, made a settlement in 1929 that said the trustees should "in their absolute discretion" while his son Nubar Gulbenkian was still alive, give trust property to: " Nubar Sarkis Gulbenkian and any wife and his children or remoter issue for the time being in existence whether . Unable to retrieve AutoCheck Summary Report, please try back later. The board typically meets at regular intervals. In this case the Some would include only those with whom they had been on intimate terms over a long period; others would include acquaintances whom they liked. Barlow also filed summary judgment motions and a motion for dismissal based on the "concurrent jurisdiction" argument. 33 G Virgo, The Principles of Equity & Trusts (2nd edn, Oxford University Press 2016) 104 17 not made a company wonderful. The executors asked the court whether the direction about family and friends was void, given its uncertainty, and if it was valid, who the family and friends were. friends would presumably be considered to be conceptually uncertain because there purchase any of such pictures at a valuation made in 1970. Press 2016) 109, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01. Formation and validity of trusts assessment, Words: 1934 the main purpose of this type of brief is to convince and persuade the higher court to uphold or reverse the decision the court has made. Plaintiff later learned that two other students had reported the same individual for unwanted sexual advances and contact. Her will includes a gift to a great niece (so described) who would not be one of her next of kin. discretionary trust as she hasnt detailed what portion of the 5million kept in trust This is is equipped to presenting the issues in the case . the earlier case of Clavering v Ellison. It is important to examine Free shipping for many products! precisely and therefore the condition is void for lack of clarity, consequently Igor Country/Region of Manufacture: Ireland. In support of this argument they rely on Lord Upjohn's remarks in In re Gulbenkian's Settlements [1970] A.C. 508 , and the decision of the House of Lords in In re Baden's Deed Trusts [1971] A.C. 424 , to the effect that it must be possible to say who is within and who without the class of friends. It cannot simply apply to all current or ex-employees Private Wealth Paralegal at a top 100 UK law firm with experience in: Corporate, Offshore Trust and Tax, Housing and Property Litigation, and Residential Real Estate. The problem with certainty of objects arises because of the conceptual uncertainty Press 2016) 103 7 uncertainty. Vintage Case XX Barlow Folding Pocket Knife Made in Usa 1940-64. 32 ibid [442] (Hodson L) Virgo describes a fixed trust as one which the the trustees are required to distribute the trust property to the beneficiaries in the proportions identified by the trust document1 (<>). Free shipping for many products! case of Sprange v Barnard 26. along with a declaration of gift. AutoCheck vehicle history reports deliver information on reported accidents, odometer rollback, lemon vehicles, branded titles and much more. Seller: . This article is licensed under the GNU Free Documentation License. trust) that the money remaining shall be divided between her old friends and their Top Rated Plus. Suggestions for additions to this list of leading cases and/or comments on the list can be sent to openlaw@bailii.org. We print the highest quality salems lot barlow tapestries on the internet The recent decision of the Court of Appeal in In re Tuck's Settlements Trusts [1978] Ch. 810 , as appropriate in cases where the validity of a condition precedent or description is in issue, namely, that the gift is valid if it is possible to say of one or more persons that he or they undoubtedly qualify even though it may be difficult to say of others whether or not they qualify. Re Golay [1965] 1 W.L.R. Example case summary. George Hill, Kirksey M. Nix, McAlester, for petitioner. . No doubt there are very many more remote relations. In Oklahoma, the right to bail in a capital case is absolute unless proof is evident or presumption thereof, r providing that, "where conflicting evidence creates a plausible basis for the defense of self-protection or, Full title:IN THE MATTER OF THE HABEAS CORPUS OF GRADY BARLOW, Court:Criminal Court of Appeals of Oklahoma, holding that the evidence, while sufficient to survive a preliminary hearing, was insufficient to deny bail. No. In However, if the provision for her family and friends was found to be valid due to it being a gift rather than a fixed trust, and therefore the term friends being sufficiently certain, then issues would arise in regards to the section of the provision about the selling of the dresses in regards to certainty of subject matter. She held a balance of 49,860 following the profits she made, which was stored in a separate single bank account. was there sufficient certainty of object? Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. But in the case of a gift of a kind which does not require one to establish all the members of the class (e.g. distribute the trust property to the beneficiaries in the proportions identified by the Finally on this aspect of the case I should notice two further cases to which I was referred. According to her testimony she had had one or two dates with the defendant before the time of the alleged assault. It later transpired the partnership had been bankrupt before it made the payment, so all partnership property was deemed to have retrospectively passed to the Official Receiver, including the 11,700 loaned to Mrs Jones. potential class of beneficiaries is impossible to define. properties. in will testator appoints Ts who will hold property on trust (require: valid declaration of trust in valid will), three certainties must be satisfied to create valid trust, certainty of intention: settlor's or testator's intent to trust, certainty of subject matter: trust property & respective interests of beneficiaries, certainty of objects: sufficient identification of beneficiaries, trust only exists if owner of property intended to create, settlor must have mental capacity to create trust, trust made by under 18 yr old voidable before or within reasonable time of person reaching 18, distinction made between obligations (create trust) & requests (do not create trusts), testator left all property to his wife for her. . 21 McPhail v Doulton [1971] C 424 iii) Summary of potential CST interpretation (1) Statute authorization (2) Text of CST (3) Custom-what presidents have done in the history (4) History-what the framer's original intent (5) Political theory-what makes sense in the theory (6) The structure-how to internalize the power iv) Majority's opinion by Black-texualism approach (1 . This is because the 9 [1979] 1 WLR 278 10 G Virgo, The Principles of Equity & Trusts (2nd edn, Oxford University Press 2016) 109-110, trustees are directed, in effect, to sell whatever her family and friends do not take. Looks like we're having trouble connecting to our server. Marshall promised to give the plaintiff one half of his wealth, but his son committed several acts while Marshall was alive to prevent . Be Unique. are so many different degrees of friendship.. will be unclear what degree of In my judgment, that dictum was not intended to apply to such a case as I have before me. The testatrix was unmarried, therefore the word family cannot refer to her descendants. Be Unique. Accordingly, the artificially limited construction would defeat the testatrix's intention. then the trustees would be able to go forward with selling all of the dresses and $10.52 + $5.00 shipping. re barlow case summary https://iccleveland.org/wp-content/themes/icc/images/empty/thumbnail.jpg 150 150 ICC ICC https://iccleveland.org/wp-content/themes/icc/images . In this regard the prosecutrix testified as follows: There at the cafe was the sister of the prosecutrix and several other parties that she knew, but no outcry was made to any of them although the prosecutrix did wave and call "Hello" to them. It was a case of 'you'll be alright now' - well you're not. Facts. . In this case the description of beneficiaries is unclear as it is impossible to say if someone has or has not made a company wonderful. Hannahs request that her trustees may allow any member of [her] family and any friendsto take one item as a keepsake, would fall under the category of a fixed trust. Shop salems lot barlow posters and art prints created by independent artists from around the globe. trust. was any money left over from providing Igor with a reasonable income, the money There is no issue regarding certainty of intention or objects, and regarding certainty of subject matter we know that it will include all of the dresses, as none of Hannahs family or friends would have been able to take one each as keepsake. GitHub export from English Wikipedia. The money was later paid out under the policy, Held: It was held the beneficiaries of the trust could trace into the money paid out under the life assurance policy as it had not been mixed with the trustees own money. The court granted the request. Re Barlow [1979] 1 All ER 296; [1979] 1 WLR 278; Re . UPPER TOWNSHIP In a 3-2 vote Monday, the Township Committee approved an ordinance amending a redevelopment plan for the former B.L. Defendant, E. Pierce Marshall is the son of J.Howard Marshall. 8 [1979] 1 WLR 278 Facts: An investment company went into liquidation leaving insufficient claims to satisfy all its investors. In support of his summary judgment response, Barlow attached excerpts from his deposition as well as excerpts and 4 . transfer shares (settlor hands stock transfer form & share certificate to Ts who must register themselves at company)
She had two brothers, Sir James and Sir Thomas Barlow, who survived to adulthood, a brother who died without issue during World War I, and a sister who died in infancy. It is impossible to know how much of the money is going to be left after providing Igor with a reasonable income throughout his lifetime, as it is impossible to know how long he is going to live and how much he will receive each year. It is impossible to apply the condition You're all set! be a gift rather than a fixed trust and would therefore be valid. Therefore, it would be advisable for Kayleigh to decide which of the three houses she would like, and then Janice chose between the remaining two, so if Kayleigh or Janice died before they inherited the houses then it would still be valid as it would be known which of the houses would have been chosen by both Kayleigh or Janice. Certainty of objects: beneficiaries of a trust must be certain, otherwise the trust is void. She specifically bequeathed some. . Criminal Court of Appeals of Oklahoma. The document also includes supporting commentary from author Derek Whayman. The effect of clause 5 (a) is to confer on friends of the testatrix a series of options to purchase. property held on trust: restrictions on marketability
Summary. Find many great new & used options and get the best deals for Vintage Schrader Barlow Fancy bolster Knife c. 1976-1983 Made In USA at the best online prices at eBay! Lord Brown-Wilkinson offered some guidance regarding the definition of a friend, saying that a friendship would include a long standing relationship, which was social rather than business or professional, and in which the parties met frequently when they had the opportunity to do so. 20 (1859) 7 HLC 707 1 G Virgo, The Principles of Equity & Trusts (2nd edn, Oxford University In Re Barlows Will Last modified: 9th Dec 2021, Example case summary. BL England implosion. held that condition of defeasance, in order to be valid, should be so framed that the Browne-Wilkinson J held that the trust was valid, because both concepts of friends and family could be given a . App. In Ex parte Louis, supra, it was held: It is therefore ordered that the petitioner be admitted to bail in the sum of $15,000, said bond to be conditioned as provided by law, to be approved by the Court Clerk of Tulsa County and that when said bond is given and approved by the Court Clerk of said county, that petitioner be discharged from custody. and then transferred to her children is a fixed trust. G Virgo, The Principles of Equity & Trusts (2nd edn, Oxford University There is no issue regarding certainty of On Michailidiss death, Symes sold the collection for $15m. An appellate brief is written legal document which is presented to an appellate court. Lot number: 141. Browne-Wilkinson J held that the trust was valid, because both concepts of friends and family could be given a workable meaning. 19 ibid [326] (Lord Russell of Killowen 969, a testator wrote in his will that he wanted Mrs. Bridgewater to enjoy one of his flats during her lifetime. placing the proceeds in trust for the benefit of Hannahs three children. R v Dawson - 1985. money held on trust: Ts not free to choose any investment, money
It is our opinion, after a full consideration of all the evidence presented, that the petitioner has made a sufficient showing to be entitled to bail. Therefore, the provision that Hannahs family That this is the reason for the rule is made abundantly clear by Jenkins L.J. clause entails however there is a lack of clarity surrounding the condition that he Equity and Trusts, Trustee Duties and Powers, Final trust - Exam Submission, 68% for both answers, Law of Trusts - Chapter wise book summary, Creation of a Trust - Lecture notes 10-11, Introduction to Political Theory (SGIA1231), Essentials of Musculoskeletal Physiotherapy, Unit 8: The Roles and Responsibilities of the Registered Nurse (PH13MR001), Introduction to English Language (EN1023), Ielts Writing Task 2 Samples-Ryan Higgins, Unit 10 Human Reproduction, Growth and Development, Lecture notes, lectures 1-16 - amino acids - beta-oxidation pathway - dna synthesis - enzyme kinetics and regulation - enzyme regulation - enzymes - glucose homeostasis - glycolysis recap - haemoglobin - synthesis and transport in the blood - membrane lipids - metabolism - nitrogen metabolism - protein structure - genome - dna to mrna, Critically analyse and compare Plato and Aristotles concept of the body and soul, Summative Assessment - Strategic Operations Management and Operational Research- Al-Thnaibat Felesteen. holding that the evidence, while sufficient to survive a preliminary hearing, was insufficient to deny bail. ibid [486]. They co-habited the house until the husband left the home in 1983. Held: It was held that Clayton could have no claim against estate in respect of the 1,035, as that debt was set against the later drawings. The line to . . E.g. Get Marshall v. Barlow's, Inc., 436 U.S. 307 (1978), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. Find many great new & used options and get the best deals for Lou Barlow - Brace The Wave (promo CD 2015 Dinosaur Jr, Sebadoh, Folk Implosion at the best online prices at eBay! intention or objects, and regarding certainty of subject matter we know that it will Accordingly, in my judgment, the proper result in this case depends on whether the disposition in clause 5 (a) is properly to be regarded as a series of individual gifts to persons answering the description friend (in which case it will be valid), or a gift which requires the whole class of friends to be established (in which case it will probably fail). 19 Igor has known from the beginning what the Obtained a Bachelor of Laws with Business (LLB) from Kingston University and completed the Association of Taxation Technicians (ATT) qualification at BPP University. It is impossible to know how much of the money is at p. 817, Sir Raymond Evershed M.R. In Re Barlows Will Truststhe friends being able to buy the settlors paintings at a discounted price was held to be a gift and therefore as long as the beneficiary could show that they were a friend they would be able to buy the painting at a discounted price. In a discretionary trust the trustees are given a discretion as to which objects are to be benefited by the distribution of trust property and in what proportion14 (<>). In the case of Re Barlow's Will Trust the terms old friends were . If the answer to question 1 is yes, what is the measure and scope of that duty? The difference from fixed trust is that you dont have to know the total number of beneficiaries to know the size of the gift, as the gift is of a fixed size for each individual who meets the condition. In order to decide whether an individual is entitled to purchase, all that is required is that the executors should be able to say of that individual whether he has proved that he is a friend. issue of conceptual uncertainty. Some private companies and nonprofit organizations also a board of directors. See all condition definitions opens in a new window or tab. This provision also included a condition subsequent that Igor must adhere to, if he wishes to continue receiving a reasonable income from the trust. Furthermore, he wanted her to receive a 'reasonable income' from his other properties. Summary Vehicle History Report below provided by AutoCheck. a gift of 10 to each of my friends), it may be possible to say of some people that on any test, they qualify. Read In re Barlow, 634 A.2d 1246, see flags on bad law, . A board of directors (B of D) is the governing body of a company, elected by shareholders in the case of public companies to set strategy and oversee management. Find many great new & used options and get the best deals for Case XX 6143 Daddy Barlow knife, 1940-1964, smooth red bone handles at the best online prices at eBay! If in any case the executors entertain any real doubt whether an applicant qualifies, they can apply to the court to decide the issue. Miss Helen Alice Dorothy Barlow, the testatrix had a large collection of pictures. I will deal first with the question of uncertainty. 80, 100 in the District Court of Tulsa County. Hence, in my judgment, the different test laid down in In re Allen, decd. 280 P.2d 477 (Okla. Crim. A-12156 . This was supported by the case of Re Barlows Will Trust 4 where See Barlow, 114 S.W.3d at 335. In the case of a gift to "my relations in equal shares," such an artificial construction is necessary to save the gift from failing for uncertainty. In this provision the subject matter is that each beneficiary may Trusts 9 the friends being able to buy the settlors paintings at a discounted price was The test for uncertainty of objects will not be satisfied if it is not possible to define the description of the class with sufficient clarity33 (<>). Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. define subject matter of trust to required degree of certainty
Cooper v PRG Powerhouse [2008] EWHC 498 (Ch), T Choithram International SA v Pagarani [2001] 2 All ER 492, three methods creating express trust:
It is impossible to apply the condition precisely and therefore the condition is void for lack of clarity, consequently Igor receives the reasonable income without having to adhere to the clause. Consequently, it would therefore be impossible to sell the dresses and place the proceeds in trust for the benefit of her children due to uncertainty of subject matter. Be Unique. Abstract. Facts [ edit ] The receivers of Barlow Clowes , a failed investment management firm, applied to determine in what order they should distribute assets to the creditors in Portfolios 28 and 68. The contest is between those who say that only the next of kin of the testatrix are entitled, and those who say that everyone related by blood to the testatrix are included. as we know there is valid intention for the trust to be established, who is the Agips accountant devised a scheme in which payees names were changed on invoices which enabled money to be put into a shell company and transferred offshore. is not a member of the class 32 was introduced. (#295541885537) b***c (881 . For the remainder, she declared them to be held by her executor on trust to sell them, but that her family and friends could buy them first at 1970 valuations or at the probate value, whichever was lower. 25 Re Barlows Will Trusts [1979] 1 WLR 278, MHS provided trustees (Ts) should apply net income in making grants at their absolute discretion: whether complete list test justified or discretionary trusts were closer to powers of appointment & postulant test more appropriate? Although friend could have a wide variety of meaning, the minimum requirements were that (a) the relationship had to be long standing (b) be a social and not a business or professional relationship, and (c) although they may not have met for some time, when circumstances allowed, they would meet frequently. The testatrix's intention was that a friend should acquire a picture. The the Privy Council dismissed an appeal by bank. Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. Although it is obviously desirable as a practical matter that steps should be taken to inform those entitled to the options of their rights, it is common ground that there is no legal necessity to do so. Consequently, the 5 million Igor. . By the time this verdict was reached, some 250,000 had . Find many great new & used options and get the best deals for S Barlow A Geneve Swiss Silver Pocket Watch,engraved scene stamped argent at the best online prices . It followed on from McPhail v Doulton, where the House of Lords affirmed that upholding the settlor's intentions was of paramount importance. David Barlow in Eastford, CT | Photos | Reviews | Based in Eastford, ranks in the top 53% of licensed contractors in Connecticut. intention satisfied: from C's words & conduct, intention to give someone beneficial (equitable) interest equated to declaration of trust, express trust exists: if trust constituted by title to trust property being vested in T, trust constituted by: declaration of settlor as T or transfer of property to T, if settlor declares himself T no issue constitution property title but may be issue whether been declaration of trust (intention to create trust not gift), declaration & transfer cannot be combined, court will not construe failed gift as declaration by donor that he is holding item on trust for donee, must be clear definition of: trust property & beneficiaries, certainty of property essential for trusts & valid gifts, trust property must be identified in declaration of trust, settlor's attempts to create trusts over an unquantified part of property will fail, issue arise if settlor quantifies part but does not segregate it from the rest, Ps paid for wine but left it stored with D, Ps argued that D held wine on trust (to claim trust property ahead of other creditors), no trust as subject matter uncertain: individual Ps wine had not been separated from entire wine stock certainty, if settlor does not segregate money, declared to be held on trust, the trust fails due to uncertainty of subject matter, M purported to declare himself T of 50 of the shares for H, M did not indicate which 50 shares (by numbers or segregation), H claimed proportion of proceeds based on trust, Court of Appeal: there was certainty of subject matter & valid trust, by analogy with wills: valid legacy if states, if trust property uncertain: purported trust fails & as settlor not disposed of property remains in his beneficial ownership, general rule: settlor must define extent of each beneficiary's share, discretionary trust exception: settlor leaves to Ts, beneficiaries' shares regarded as certain if to be determined by Ts, court will intervene if Ts do not act, group of beneficiaries exception: if trust or gift made to group & settlor not specify proportion, equal share assumed, nature of beneficiaries interest must be clear: life or absolute or conditional, certain beneficial interests: equal shares, capable of determination by settlor's objective formula or under discretionary trust, uncertain beneficial interests: often leads to resulting trust for settlor, trustees (Ts) are under an enforceable duty to deal with trust property as directed by the settlor, beneficiary principle requires certainty of who is beneficiaries, charitable trusts are main exception to rule & are enforced by Attorney General, settlor must identify beneficiaries (objects) clearly when declaring the trust: degree of certainty varies depending on nature of trust, if objects are uncertain: attempted trust uncertain, Ts hold trust property on resulting trust for settlor, if settlor died resulting trust for beneficiaries entitled to residuary estate under will (next of kin on intestacy), normally named objects are sufficiently certain, she had three nephews called Arthur Murphy.