Boyce v Boyce
A trust fails for uncertainty of subject matter if the property to be held for each beneficiary depends on a choice that can no longer be made.
Facts
A testator left four houses on trust for his wife for life, and then on trust to convey to his daughter Maria whichever of the houses she should choose, and to convey the remaining houses to his other daughter, Charlotte. Maria died before the testator, without making a choice. Charlotte claimed the remaining houses.
Legal principle
Shadwell V-C held that the gift to Charlotte failed for uncertainty of subject matter. Because Maria had not chosen a house, it was impossible to say which houses were the remaining ones that Charlotte was to receive. The trust in Charlotte's favour therefore failed, and the houses fell into the residuary estate.
Related cases on certainty of intention and subject matter
- Re Adams and the Kensington Vestry (1884) 27 Ch D 394
- Comiskey v Bowring-Hanbury [1905] AC 84
- Re Golay's Will Trusts [1965] 1 WLR 969
- Re Goldcorp Exchange Ltd [1995] 1 AC 74
- Hunter v Moss [1994] 1 WLR 452
- Jones v Lock (1865) LR 1 Ch App 25
- Re Kayford Ltd [1975] 1 WLR 279
- Knight v Knight (1840) 3 Beav 148
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