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#certainties #equity #law
Where a trust fails for lack of certainty of subject-matter, the position is as follows:
  • If the property itself is uncertain, no trust is created;
  • If a purported ‘trust’ is grafted onto a gift, the donee takes the gift absolutely, as in Sprange v Barnard and Palmer v Simmonds, (above);
  • If the beneficial interests are uncertain, there will be a resulting trust, as in Boyce v Boyce (above).
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