EQUITY AND TRUST - Certainty of Objects
Hi Guys!
Quick question as i am revising for an equity exam and i am stuck. When there is a trust holding;
"property for A for life, with remainder to B & C"
would this trust fail under certainty of objects because there is uncertainty concerning the interest of the beneficiaries (well the remaindermen B & C)?
The reason i ask is because the decision in Sprange v Nernard [1789] held there must be certainty as to the property that is being subject to the trust. And this doesn't really say how the property can be divided up amongst B & C.
Any help would be much appreciated!!
Quick question as i am revising for an equity exam and i am stuck. When there is a trust holding;
"property for A for life, with remainder to B & C"
would this trust fail under certainty of objects because there is uncertainty concerning the interest of the beneficiaries (well the remaindermen B & C)?
The reason i ask is because the decision in Sprange v Nernard [1789] held there must be certainty as to the property that is being subject to the trust. And this doesn't really say how the property can be divided up amongst B & C.
Any help would be much appreciated!!
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