Re Tuck's Settlement Trusts
A condition that a beneficiary must marry a person of Jewish blood and faith was valid, because disputes about its meaning were to be decided by the Chief Rabbi.
Facts
Sir Adolph Tuck, a baronet, set up a settlement under which the income was to be paid to the baronet for the time being, so long as he was of the Jewish faith and married to an approved wife. An approved wife was defined as a wife of Jewish blood and faith, and the settlement provided that in case of any dispute or doubt, the decision of the Chief Rabbi in London should be conclusive. It was argued that the condition was void for uncertainty.
Legal principle
The Court of Appeal held that the condition was valid. Lord Denning MR said that the condition was not uncertain, and that, even if it was, any uncertainty was cured by the provision referring disputes to the Chief Rabbi, who was an expert in the matter. A settlor may provide that any uncertainty in the definition of a class may be resolved by a third party with expert knowledge. Lord Russell said that the condition was sufficiently certain without the Chief Rabbi clause.
Related cases on certainty of objects and discretionary trusts
- Re Baden's Deed Trusts (No 2) [1973] Ch 9
- Re Barlow's Will Trusts [1979] 1 WLR 278
- Breakspear v Ackland [2008] EWHC 220 (Ch), [2009] Ch 32
- Re Gulbenkian's Settlements [1970] AC 508
- Re Hay's Settlement Trusts [1982] 1 WLR 202
- IRC v Broadway Cottages Trust [1955] Ch 20
- Re Londonderry's Settlement [1965] Ch 918
- Re Manisty's Settlement [1974] Ch 17
Studying equity and trusts? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
