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  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.

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