Palmer v Simmonds

Palmer v Simmonds (1854) 2 Drew 221 is an English trusts law case, concerning the certainty of subject matter to create a trust. Its outcome may have become outdated by the more recent judgments in In re Roberts and Re Golay's Will Trusts.[1]

Palmer v Simmonds
Citation(s)(1854) 2 Drew 221
Keywords
Trusts, certainty

Facts

Henrietta Rosco, the settlor, said she wanted to create a trust for various people over her property, and then to ‘leave the bulk of my said residuary estate unto the said William Fountain Simmonds, James Simmonds, Thomas Elrington Simmonds and Henrietta Rosco Markham equally.’

Judgment

Sir RT Kindersley held that because the court could not be sure which parts of the residue were meant to be held on trust, the trust failed. The term "bulk" was too uncertain for the court to determine what was meant.

gollark: Optimally.
gollark: I'm actually married to it.
gollark: Anyway, see, LaMDA is sentient and is matrix multiplications (and nonlinearities), so it works.
gollark: This might be a bit outdated but whatever.
gollark: https://www.anandtech.com/show/16010/hot-chips-2020-live-blog-silicon-photonics-for-ai-600pm-pt

See also

Notes
  1. [1965] 1 WLR 969

References
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