| Sprange v Barnard | |
|---|---|
| Court | Court of Chancery |
| Citation | (1789) 2 Bro CC 585 |
| Keywords | |
| Trusts, gift | |
Sprange v Barnard (1789) 2 Bro CC 585 is an English trusts law case, concerning the certainty of subject matter to create a trust. It is an example of a court concluding that the words of a testament being interpreted to mean, in essence, that a gift was intended rather than a trust.
Facts
The testatrix left £300 worth of annuities to her husband 'for his sole use; and at his death, the remaining part of what is left, that he does not want for his own wants and use to be divided between' a number of beneficiaries.
Judgment
Sir Richard Arden, Master of the Rolls, held that no trust arose, and the husband took all the property beneficially. Making a gift was the dominant intention, not to bind the husband with a trust.
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 |