The Three Certainties

Question 1

Re Adams and the Kensington Vestry

Answer 1

1. Whether predatory words can create a trust. The words in contention: “in full confidence that [the trustee] will do what is right.”
2. Following MR in Re Hutchinson and Tenant, LJJ James and Mellish in Lambe v Eames: ‘words of prayer’ are not sufficient for - though do not prevent - the creation of a trust. ‘Trusting a wife to do as morally expected is different from establishing her as a trustee.’
3. LJ Cotton: ‘I have no hesitation [in holding] that some of the older authorities went a great deal too far’ in saying precatory words are sufficient.’

Question 2

Comiskey v Bowring-Hanbury

Answer 2

1. Whether the words ‘absolutely in full confidence’ = trustee.