Re barlow's will trusts (1979)
Created by Chief Lawiki on 19 October 2009, at 04:22
From Law wiki, the wiki for law researchThe Testatrix made a will giving instructions to her executors that her collection of paintings was to be offered for sale at below-market price to friends of mine. The question that arose was whether this clause was sufficiently certain that it could be enforced. The test, according to Browne-Wilkinson J, was whether it was possible to say, of one or more persons that they qualified as friends of mine. It was not necesary to define what a 'friend' is. This is a fairly broad test forcertainty of objects, arguably broader than any of those proposed by the Court of Appeal in Re Baden No. 2.
Trust Law article
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