Palmer v Simmonds [1854]
Key Notes
• In this case, the testator sought to create a trust over "the bulk" of his residuary estate.
• The phrase "the bulk" was conceptually uncertain, as it lacked a clear definition or specification of the exact portion of the estate to be held in trust.
• The court held that the concept of "the bulk" was too vague to form the basis of a valid trust, as it failed to provide a sufficiently clear description of the property subject to the trust.
• This case contrasts with Golay v. Goldstein, where the court found that a trust could be established based on language that, while vague, still provided enough clarity in context to create a valid trust (such as "reasonable income" being considered a valid trust term).