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#certainties #equity #law
There may be a problem where words are used which had been held to create a trust in decisions before the change in attitude. Identical words from an older case may be interpreted in the same way if the whole gift is identically worded, because they may have been used as a precedent. Re Steele’s Will Trust [1948] Ch 603 suggests that, in such a situation, the earlier decision should be followed unless it is clearly wrong. (The court followed the interpretation given to words in Shelley v Shelley (1868) LR 6 Eq. The will had been prepared with professional help and the case of Shelley had then stood for 80 years.)
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