Jambo Z made his fortune as a rap-artist, supported by his backing group, ‘The Arythmics’, made up of his half-sisters, Kacey, Lacey and Macey.
Jambo’s father, Zeph was married twice. Jambo and his older brothers, Carlon and Darius, are the children of Zeph’s first marriage to Una. Kacey, Lacey and Macey are the children of Zeph’s second marriage to Velda.
Zeph deserted Una to start a relationship with Velda and, although Jambo and Darius were unaffected by the breakdown of their parents’ marriage, Carlon has never recovered from the trauma this caused.
Jambo was killed three months ago in a boating accident and left a Will in the following terms:
“I Jambo Z of ‘The Orchards’, Apple Tree Lane, Wanlock in the County of Wessex hereby declare this to be my last Will and Testament
a. I appoint my solicitor Elias Elliott to be the executor and trustee of this my Will
b. I hereby dispose of my estate in manner following:
(i) To Carlon, my three platinum discs in the sure and certain belief that he will share them between Kacey, Lacey and Macey
(ii) My sparkliest diamond-set microphone and my most highly prized guitar on trust for my brother, Darius and my father, Zeph, Darius to have whichever of them Zeph does not want
(iii) To Darius, five thousand of my shares in JZ Limited to be distributed in whatever manner he shall think appropriate amongst those who attended my first gig in New York and who wore ‘Jambodore’ merchandise during the entirety of my performance. If Darius is not prepared to do this, then the shares are to pass to my mother, Una
(iv) The remainder of my estate on trust to be divided equally between the founder members of my official Fan Club, ‘Jambodore’
c. I wish it to be known that I have always valued the help and support of my brother, Carlon, who acted as my accountant and financial advisor throughout my career and for whose services I amply rewarded him during my lifetime
In witness whereof I have hereunto set my hand this first day of June 2009
Signed by the said Jambo Z as and for his last Will and Testament
in the presence of us both present at the same time together who
then at his request in his presence and in the presence of each other
have hereunto subscribed our names as witnesses”
The Will was properly signed and witnessed on 1st June 2009.
All of Jambo’s New York concerts were televised. The first took place in 1990.
‘Jambodore’ was established in 1985 at a time when computer technology was not widely used. Many of the original members of the Fan Club have since travelled widely in an effort to publicise Jambo’s global image.
On hearing of Jambo’s tragic accident, Zeph collapsed with shock and has now died.
Darius has been devastated to lose both his brother and father in such dreadful circumstances.
Advise Elias, the executor and trustee, as to the validity and effect of the above provisions in Jambo’s will.
I need help on this question ive got all the basic principles:
b (i) this is certainty of intention, precatory working is present and what im getting confused on is clause c how do i apply this to b (i)
and would this be a valid trust including c and applying comiskey case?
is a matter of certainty of subject matter
biii certainty of objects
biv cerstainty of subject matter
Could someone help me with this question please???
Practice question on certainties Watch
- Thread Starter
- 01-12-2010 19:48