The turning point is said to be the case of Lambe v Eames (1871) 6 Ch App 597, where property had been left by the testator to his widow ‘to be at her disposal in any way she may think best, for the benefit of herself and her family’. The widow gave part of the assets by will to someone who was not a member of the family. The court held that the widow was absolutely entitled to the property and could make a valid gift of it to anyone. Referring to the earlier case law (from which the Court of Appeal departed), James LJ said:

. . . in hearing case after case cited, I could not help feeling that the officious kindness of the Court of Chancery in interposing trusts where in many cases the father of the family never meant to create trusts, must have been a very cruel kindness indeed.