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(1849) 16 Sim 476. See Certainty of subject matter for discussion.

A testator left his three houses to his widow and further instructed her to give one house to Maria ( his daughter) , whichever one Maria choses, and the remaining 2 houses to Charlotte. However, Maria died before choosing the house. The court held that Charlotte’s gift depended on Maria’s choice and therefore the gift failed as it was not possible to identify which two houses should be given to Charlotte .Thus the trust failed for uncertainty of subject matter