Do you want BuboFlash to help you learning these things? Or do you want to add or correct something? Click here to log in or create user.



Tags
#equity #law #secret-trust
Question
One would expect that just as a gift by will to B or to T expressly on trust for B will lapse if B predeceases the testator (if B is not the testator’s child leaving surviving issue of their own) so also a gift will lapse if to X on a secret trust for B who predeceases the testator. Surprisingly, such a gift to a secret predeceasing beneficiary was held not to lapse in [ case ]. Romer J erroneously assumed that B acquired a proprietary interest as if the secret trustee, T, on accepting the testator’s directions, had declared a trust for B of whatever the testator was bequeathing to T for B. Such a trust of a hope is, however, ineffective as it is not a trust of existing property. His decision ought not to be followed
Answer
Re Gardner (No 2) [1923] 2 Ch 230

Tags
#equity #law #secret-trust
Question
One would expect that just as a gift by will to B or to T expressly on trust for B will lapse if B predeceases the testator (if B is not the testator’s child leaving surviving issue of their own) so also a gift will lapse if to X on a secret trust for B who predeceases the testator. Surprisingly, such a gift to a secret predeceasing beneficiary was held not to lapse in [ case ]. Romer J erroneously assumed that B acquired a proprietary interest as if the secret trustee, T, on accepting the testator’s directions, had declared a trust for B of whatever the testator was bequeathing to T for B. Such a trust of a hope is, however, ineffective as it is not a trust of existing property. His decision ought not to be followed
Answer
?

Tags
#equity #law #secret-trust
Question
One would expect that just as a gift by will to B or to T expressly on trust for B will lapse if B predeceases the testator (if B is not the testator’s child leaving surviving issue of their own) so also a gift will lapse if to X on a secret trust for B who predeceases the testator. Surprisingly, such a gift to a secret predeceasing beneficiary was held not to lapse in [ case ]. Romer J erroneously assumed that B acquired a proprietary interest as if the secret trustee, T, on accepting the testator’s directions, had declared a trust for B of whatever the testator was bequeathing to T for B. Such a trust of a hope is, however, ineffective as it is not a trust of existing property. His decision ought not to be followed
Answer
Re Gardner (No 2) [1923] 2 Ch 230
If you want to change selection, open original toplevel document below and click on "Move attachment"

Parent (intermediate) annotation

Open it
s not the testator’s child leaving surviving issue of their own) so also a gift will lapse if to X on a secret trust for B who predeceases the testator. Surprisingly, such a gift to a secret predeceasing beneficiary was held not to lapse in <span>Re Gardner (No 2) [1923] 2 Ch 230. Romer J erroneously assumed that B acquired a proprietary interest as if the secret trustee, T, on accepting the testator’s directions, had declared a trust for B of whatever the tes

Original toplevel document (pdf)

cannot see any pdfs

Summary

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Details

No repetitions


Discussion

Do you want to join discussion? Click here to log in or create user.