Knight v Knight
1840 · (1840) 3 Beav 148
Posted By lanbuk.com
- Facts
- A testator left his estates to his brother, expressing the and confidence that he would act justly to the family and settle the estate on the male descendants.
- Issue
- Did those words create a trust?
- Held
- No. The words were too uncertain to impose a trust.
- Principle
- A trust requires certainty of words, of subject matter and of objects.
- Why it matters
- Lord Langdale MR's statement of the is still the basis of the law.
Words and Latin in this note
- Three certainties
- Certainty of intention, of subject matter and of objects. An express trust fails without all three: Knight v Knight. Open the note.
- Trust
- An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.