Boyce v Boyce

Boyce v Boyce
Court	Court of Chancery
Citation(s)	(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 Its outcome may have become outdated by the more recent judgments in In re Roberts^[1] and Re Golay's Will Trusts.^[2]

Facts

The testator left his two houses on trust for his daughters, under the condition that his daughter Maria should choose the one she wanted, and the remaining one 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.

Trust certainty cases

Knight v Knight (1840) 49 ER 58

Jones v Lock (1865) 1 Ch App 25

Paul v Constance [1976] 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 [1986] PCC 121

Hunter v Moss [1993] EWCA Civ 11

Re Harvard Securities [1997] EWHC Comm 371

In re Roberts (1881-82) LR 19 Ch D 520

Re Gulbenkian’s Settlements [1968] UKHL 5

McPhail v Doulton [1970] UKHL 1

Re Baden’s Deed Trusts (no 2) [1972] EWCA Civ 10

Re Tuck’s Settlement Trusts [1977] EWCA Civ 11

Re Barlow’s Will Trusts [1979] 1 WLR 278

West Yorkshire MCC v District Auditor No 3 [1986] RVR 24

Certainty and English trusts law

English trust law

Notes

↑ (1881-82) LR 19 Ch D 520
↑ [1965] 1 WLR 969

References

External links

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