|
|
|
Home > Law > Law glossary > Law glossary
Re Barlow's will trusts (1979)
Last modified: Thu Feb 23 16:37:37 2006
The testatrix made a will giving instructions to her executors that her collection
of paintings was to be offered for sale at below-market price to ``friends of mine''.
The question that arose was whether this clause was sufficiently certain that it could
be enforced. The test, according to Browne-Wilkinson J, was whether it was possible to
say, of ``one or more persons'' that they qualified as ``friends of mine''. It was not necesary
to define what a `friend' is. This is a fairly broad test for CertaintyOfObjects,
arguably broader than any of those proposed by the Court of Appeal in Re Baden No. 2.
CaseLaw
TrustLaw
Law glossary index
|
|
|
|
Shameless plug
|
 By the author of this site. Buy on-line from Amazon USA | UK
|
|