Mussoorie Bank v. Ray [1882]

Key Notes

• A testator left property to his wife with instructions to "act justly" in dividing it between their children.

• The testator did not specify how the property should be divided or whether the wife was meant to keep it for herself and only pass on the remaining assets to the children after her death.

• The language used in the will was considered ambiguous, leading to uncertainty about the testator's intentions.

• The court held that there was no clear legal obligation placed on the wife, and as a result, no trust was created.

• The ambiguous expression failed to establish a trust, as there was no clear direction that the wife was holding the property for the children.

This case highlights the importance of clear and unambiguous language in will drafting. Where the terms are unclear, courts may determine that no legal obligation or trust has been created.