Rosher v Rosher
Rosher v. Rosher (1879) — Summary
Court:
Court of Appeal, England
Facts:
This case involved a dispute over the interpretation of a will and the validity of certain gifts made therein.
The key issue was whether a specific clause in the will created a trust or an absolute gift.
The testator had given property to his wife, but the nature and extent of the gift were contested.
Legal Issue:
Whether the language used in the will created a trust (where the wife would hold the property for someone else’s benefit) or an absolute gift to the wife.
Judgment:
The Court held that the language of the will did not create a trust.
The gift to the wife was interpreted as absolute, giving her full ownership and control.
The decision emphasized the importance of clear intention in the will regarding trusts.
Legal Principle:
For a trust to be valid, the intention to create a trust must be clearly expressed or implied.
Ambiguous language is generally interpreted in favor of an absolute gift unless there is strong evidence otherwise.
Importance of the Case:
Rosher v. Rosher is often cited in cases involving the interpretation of wills and the distinction between trusts and outright gifts.
It underscores the principle that clear intention is crucial in estate planning documents.
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