Re Wait [1927] 1 Ch. 606


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. 


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. 


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


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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