Ratio Decidendi
For a valid express trust, three certainties must be present: certainty of intention (words must show a clear intention to create a trust), certainty of subject matter (the trust property must be identifiable), and certainty of objects (the beneficiaries must be ascertainable).
Facts
A testator left property to his wife with the expressed hope that she would continue to provide for their children. The question was whether this created a binding trust or merely a moral obligation.
Judgment Summary
Lord Langdale MR held that precatory words (expressions of hope, wish, desire) do not necessarily create a trust. For a trust to be valid, there must be certainty of intention, subject matter, and objects — the 'three certainties'.
Key Quotes
"First, the words must be imperative... Secondly, the subject of the recommendation or wish must be certain... Thirdly, the objects or persons intended to have the benefit must also be certain."
— Lord Langdale MR
Subsequent Treatment
Foundational statement of the three certainties required for a valid express trust. Applied consistently in subsequent case law.