| Boyce v Boyce | |
|---|---|
| Court | Court of Chancery |
| Citation | (1849) 60 ER 959, (1849) 16 Sim 476 |
| Keywords | |
| Trusts | |
Boyce v Boyce (1849) 60 ER 959 is an English trusts law case, concerning the certainty of subject matter. Its outcome may have become outdated by the more recent judgments in In re Roberts and Re Golay's Will Trusts.
Facts
The testator left four houses on trust for his daughters, under the condition that his daughter Maria would choose the one she wanted, and the remaining three would then go to his other daughter Charlotte. Maria died before her father, and it was unknown which house she would have chosen.
Judgment
In the Court of Chancery, the Vice Chancellor, held the trust failed because it was uncertain which house Maria would have chosen, and which would go to Charlotte.
See also
| Trust certainty cases | |
|---|---|
| Knight v Knight (1840) 49 ER 58 | |
| Jones v Lock (1865) 1 Ch App 25 | |
| Paul v Constance EWCA Civ 2 | |
| Sprange v Barnard (1789) 2 Bro CC 585 | |
| Boyce v Boyce (1849) 16 Sim 476 | |
| Palmer v Simmonds (1854) 2 Drew 221 | |
| Re London Wine Co (Shippers) Ltd PCC 121 | |
| Hunter v Moss EWCA Civ 11 | |
| Re Harvard Securities EWHC Comm 371 | |
| In re Roberts (1881-82) LR 19 Ch D 520 | |
| Re Gulbenkian’s Settlements UKHL 5 | |
| McPhail v Doulton UKHL 1 | |
| Re Baden’s Deed Trusts (no 2) EWCA Civ 10 | |
| Re Tuck’s Settlement Trusts EWCA Civ 11 | |
| Re Barlow’s Will Trusts 1 WLR 278 | |
| West Yorkshire MCC v District Auditor No 3 RVR 24 | |
| Certainty and English trusts law |
Notes
- (1881-82) LR 19 Ch D 520
- 1 WLR 969
- Oosterhoff on Trusts : text, commentary and materials 8th edition, Carswell, 2014, pp 216