Re Wait [1927] 1 Ch. 606

certain

Re Wait [1927] 1 Ch. 606 is an Equity and Trusts case. Furthermore, it concerns a trust rendered void due to uncertainty of subject matter. 

Facts:

In Re Wait [1927] 1 Ch. 606, W purchased 1,000 tons of wheat. The next day, he sold 500 tons of the bulk to a sub-purchaser (X). However, by the date the ship left, W had been declared bankrupt and his trustee in bankruptcy claimed the entire 1,000 tons. 

Issue:

Whether the gift survived or whether it failed for uncertainty of subject matter. 

Held:

As X’s 500 tons were not specific or ascertained from the other wheat, property could not pass to him. Therefore, W’s trustee in bankruptcy received everything and X received nothing, even though he had already paid W. 

For more information, read our notes and other cases on three certainties

References: [1927] 1 Ch. 606, [1926] 12 WLUK 62

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