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Definition
- "Bulk of my residuary estate"
- Bulk not identifiable
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Term
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Definition
. two houses to on trust for daughters
. trust said maria must hoose and remainder to charlotte
. Maria died
. trust void as impossible to know which would be chosen by Maria |
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Term
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Definition
. was told would recieve "reasonable income" from his properties
. court said capable of objective quantification so valid |
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Term
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Definition
. No separation of wine from other stock
. must be able to identify individualy- ie log book
. property right must be attatched to some property |
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Definition
. Trust referred to "remaining part he does not want"
. Court upheld she didn't intend to create a trust but it was a gift |
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Term
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Definition
| . Upheld as an absolute gift not a trust |
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Term
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Definition
| "Bulk of my residuary estate" not identifiable |
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Term
| Mac-Jodan Construction LTd |
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Definition
. builders retained a percentage as safegarud for performance
.wasnt put into a separate acount si impossible to identify |
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Term
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Definition
. bought bullion for customers- thought was enough
. not enough, went insolvent
. NOT WHETHER LOGISTICALY POSSIBLE BUT WHETHER ITS ACTUALLY SEGREGATED |
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Term
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Definition
DIFFERENT APPROACH FOR SHARES
. orally declared trust of 5% of the share captal
. CA said valid as no uncertainty
. CRITICISED FOR CONTRADICTING PROPERTY LAW |
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Term
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Definition
AUSTRALIAN CASE
. no segregation of shares |
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