Hunter V Moss Criticisms Essay - 1440 Words

Certainty of subject matter and the critcisms of hunter v moss When creating an express trust knight and knight articulated that there must be certainty of subject matter, certainty of intention and certainty of objects. Certainty of subject matter is where there must be an identification of the trust property and certainty as to whom is which part of the trust property to be held. In relation to uncertainty of beneficial interests, the trust will fail where the method of distribution is stipulated by the sethlow but cannot take effect (Boyce v Boyce). However the trust will not fail where the method of distribution is not stipulated by the sethlow leaving the court to intervene (re napton). If there is an effect of lack of certainty in†¦show more content†¦However in Re Golay the court looked at the tester’s intention’. To deduce what ‘reasonable income’ meant Oliver J articulated the orthodox approach or rule in re London wine where property must be segregated form a lager mass of similar property for there to be a valid trust he said â€Å"To create a trust it must be possible to ascertain with certainty not only what the interest of the beneficiary is to be but to what property it is to attach.† â€Å"The ‘mere declaration that a given number of animals out of the flock would be held on trust would not create a trust’. This approach was followed in re Goldcorp which affirmed that property must be separately identifiable before it can be held on a valid trust. The contention arose with Hunter v Moss which did not follow the orthodox approach where Hunter was entitled 50 out of moss’s 1000 shares. Under the Goldcorp rule there would be no trust because the property was not separated however Dillon J said there was a valid trust. The rationale for this controversial decision was that it would have made no difference which 50 shares would have been given because they were all identical. So here there was no need to segregate the property if it was intangible. The problem with this case is that Dillon is giving the trustee of the will who only has legal title subject to the terms of the trust an executor status, i.e. putting him in the shoes of the sethlow. This is a problem because the executor acquires legalShow MoreRelatedHemp Cultivation in China42289 Words   |  170 Pagesimplementation of these changes. Journal of the International Hemp Association, Volume 2, Number 2, 1995 66 Fibre hemp cultivars: A survey of origin, ancestry, availability and brief agronomic characteristics Etienne de Meijer HortaPharm B. V., Schinkelhavenkade 6, 1075 VS Amsterdam, The Netherlands Meijer, E.P.M. de 1995. 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