Palmer v Simmonds

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

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 Its outcome may have become outdated by the more recent judgments in In re Roberts and Re Golay's Will Trusts.^[1]

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.

Trust certainty cases

Knight v Knight (1840) 49 ER 58

Jones v Lock (1865) 1 Ch App 25

Paul v Constance [1976] EWCA Civ 2

Sprange v Barnard (1789) 2 Bro CC 585

Boyce v Boyce (1849) 16 Sim 476

Palmer v Simmonds (1854) 2 Drew 221

Re London Wine Co (Shippers) Ltd [1986] PCC 121

Hunter v Moss [1993] EWCA Civ 11

Re Harvard Securities [1997] EWHC Comm 371

In re Roberts (1881-82) LR 19 Ch D 520

Re Gulbenkian’s Settlements [1968] UKHL 5

McPhail v Doulton [1970] UKHL 1

Re Baden’s Deed Trusts (no 2) [1972] EWCA Civ 10

Re Tuck’s Settlement Trusts [1977] EWCA Civ 11

Re Barlow’s Will Trusts [1979] 1 WLR 278

West Yorkshire MCC v District Auditor No 3 [1986] RVR 24

Certainty and English trusts law

English trust law

Notes

↑ [1965] 1 WLR 969

References

External links

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