Sprange v Barnard
Where a person is given property absolutely, a direction that whatever remains on her death should pass to others fails for uncertainty.
Facts
A testatrix left £300 in stock to her husband, for his sole use, and directed that at his death the remaining part of what was left that he did not want for his own wants and use should be divided between certain named people. The question was whether the named people were entitled to anything.
Legal principle
The court held that the husband took the property absolutely, and that the gift over to the named people failed for uncertainty of subject matter. Since the husband could use as much of the property as he wanted, it was impossible to know what would remain at his death, so the property to be held on trust for the others could not be identified.
Related cases on certainty of intention and subject matter
- Re Adams and the Kensington Vestry (1884) 27 Ch D 394
- Boyce v Boyce (1849) 16 Sim 476
- 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
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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.
