This direction was held to be valid. A fixed trust with a condition precedent, the test was held to be more lax forcertainty of object.For fixed trusts with a condition precedent, it is sufficient simply if only one beneficiary satisfies the condition, even ifthe class of potential beneficiaries may be conceptually uncertain under a fixed trust.(i.e. where the condition to the trust depends on somebody coming forward, as in this case, only one person may satisfythe condition, even if, as a whole class under a fixed trust, the condition would be too conceptually uncertain)Re Beaney (1978)There is no capacity (for certainty of intention)where there is mental incapacity.In this case, a settlement made by anincapacitated person was void. Nowadays, however s.18(1)(h)(i) of the MentalCapacity Act 2005 may be applied.Re Best (1904)Wording was 'charitable and benevolent'- use of 'and' suggested that whole giftcould be charitable.Contrasts with Houston v Burn which was'benevolent or charitable'.
Re Bucks Constabulary Widows' andOrphans Fund Friendly Society (No 2)(1979)Dissolution of an UA occurs wheremembership falls below 2.Re Compton (1945)Trust for the descendants of 3 named persons washeld not to be a valid trust.Personal nexus test.(The blood and contract test - the presence of apersonal link, either by blood or contract, betweenpotential beneficiaries will usually indicate a privatetrust)Re CookLand was held on trust by a husband and wife for themselves. Since therewere two of them, each could hold the legal title to the land on trust forthemselves and the other. But, when the husband died, the entire interest inthe property, both legal and equitable, vested in the wife.It was held that the legal interest swallowed up the equitable, so that therewas a merger of the two interests - this meant that the trust was terminated.Harman J:"[Y]ou cannot have a trust existing when nobody is interested under itexcept the trustee, because nobody can enforce it and there is, in fact, notrust in existence."Re Coulthurst (1951)Poverty is relative:"It is quite clearly established that poverty does notmean destitution: it is a word of wife and somewhatindefinite import; it may not unfairly be paraphrasedfor present purposes as meaning persons who haveto 'go short' in the ordinary sense of that term, due toregard being had to their status in life."Re Dean (1889)Concerned a trust for the maintenanceof a testator's horses and hounds for 50years. Held to be valid - trust ofimperfect obligation.
Re Denley's Trust Deed (1969)Land was conveyed to trustees. BY clause 2(c) the land was to be maintained and usedfor the purpose of a recreation or sports ground primarily for the benefit of employeesand secondarily for the benefit of such other persons (if any) as the trustees may allow touse the same.