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#certainties #equity #law
Sprange v Barnard (1789) 2 Bro CC 585 A testatrix provided in her will: ‘... for my husband Thomas Sprange, to bewill him the sum of £300 ... for his sole use; and at his death, the remaining part of what is left, that he does not want for his own want and use, to be divided between...’ her brothers and sisters. The court granted a declaration that Thomas Sprange was entitled absolutely. There was no certainty as to property. It was not certain that any property would be left at the widower’s death, let alone what it would be. One could not say what property the trust was to ‘bite’ on, so the subject-matter was uncertain; there was no trust, so he took absolutely.
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