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Created by Chief Lawiki on 19 October 2009, at 04:23



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[1903] 1 Ch 697 (CA). The Settlor (Emily Law, daughter of the previous Lord Ellenborough and sister to the current Lord Ellenborough) declared a trust over property she expected to inherit from her brother (Lord Ellenborough) and sister. The question that arose was whether this was a valid trust. It was decided that it was not, because it had not been properly constituted (see constitution of trusts). At the time she declared the trust, she did not have any interest in the property, it was only a 'spes', or expectation. This case is generally cited as authority for the proposition that future property cannot be the subject matter of a trust.
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Trust Law article

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