#certainties #equity #law
Let us compare the wording in Re Adams (1884) 27 Ch D 394 with the wording in Comiskey v Bowring-Hanbury [1905] AC 84. In the former case a testator left his property to his wife absolutely ‘in full confidence that she will do what is right as to the disposal thereof between’ his children in her lifetime or by her will. It was held she took the property free from any trust in favour of the children. In the latter case the words ‘in full confidence’ in context created a trust. T left his estate and property to his wife ‘absolutely, in full confidence that she will make such use of it as I should have made myself, and that at her death she will devise it to such one or more of my nieces as she may think fit. And in default of any disposition by her thereof by her will or testament I hereby direct that all my estate and property acquired by her under this my will shall at her death be divided among the surviving said nieces.’
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