Lambe v Eames (1870)
Created by 121.1.18.237 on 3 November 2009, at 10:08
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Lambe v Eames (1870) Created by 121.1.18.237 on 3 November 2009, at 10:08
From Law wiki, the wiki for law research(1870) LR 6 Ch App 597. A testator disposed of all his estate to his wife "to be at her disposal in any way she may think best for the benefit of herself and family". The question was whether the testator's wife had been made a trustee, or received the estate absolutely. Historically, precatory words had usually been held to be capable of creating a trust. However, in this case the court held that a trust creates an onerous obligation on the trustee, and a trust should not be inferred from a wish, however ardently expressed, that a legatee dispose of a legacy in a particular way.Contributors This page was last modified on 23 December 2011, at 07:10.This page has been accessed 4,023 times.
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