References: [1958] 1 WLR 1157
Coram: Dankwerts J
Ratio: It was impossible to give sufficient meaning to the phrase ‘a person of the Jewish race’, and the condition failed for conceptual uncertainty, even in a condition precedent.
This case cites:
- Applied – Re Allen (dec’d) CA ([1953] Ch 810, [1953] 1 All ER 308)
The testator had devised property to the eldest of the sons of his nephew ‘who shall be a member of the Church of England and an adherent to the doctrine of that Church’.
Held: The will created a condition precedent or qualification in . .
(This list may be incomplete)
This case is cited by:
- Cited – Re Tuck’s Settlement Trusts CA (Bailii, [1977] EWCA Civ 11, [1978] Ch 49, [1978] 1 All ER 1047, [1978] 2 WLR 411)
By his will, Sir Adolph Tuck sought to ensure that his successors should be Jewish, and stated that the arbitrators of this must be the Chief Rabbi of his community. . .
(This list may be incomplete)
Last Update: 18 May 2017
Ref: 510142
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