Boyce v Boyce

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 Its outcome may have become outdated by the more recent judgments in In re Roberts^[1] and Re Golay's Will Trusts.^[2]

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.^[3]

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.

Notes

^ (1881-82) LR 19 Ch D 520
^ [1965] 1 WLR 969
^ Oosterhoff on Trusts : text, commentary and materials 8th edition, Carswell, 2014, pp 216

References

[1] (1881-82) LR 19 Ch D 520

[2] [1965] 1 WLR 969

[3] Oosterhoff on Trusts : text, commentary and materials 8th edition, Carswell, 2014, pp 216

[1]

[2]

[3]

v t e 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

Facts

Judgment

See also

Notes

References