332 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
- Illustrations of uncertainty.
(i) Estate given to A with the direction that he would continue it in the family—family uncertain.
(ii) To the settlor’s relations—relations uncertain.
- Illustrations of sufficient description
(i) Descendents-held to be sufficient description and therefore not uncertain
3. Certainty of Purpose
How the property is to be applied must be specified.
Illustrations of uncertainty of purpose.
(i) To consider certain persons.
(ii) To be kind to them.
(iii) To make ample provision for them.
(iv) To remember them.
(v) To do justice to them.
(vi) To take care of his nephew as might seem best in future.
(vii) To use property for herself and her children and to remember the Church of God and the poor.
- The purpose of the trust means the way in which the beneficiaries are to be benefitted the way in which the property is to be applied.
4. Certainty as to trust property
- The property which is to be the subject-matter of the trust must be indicated with reasonable certainty. It must be specified or sufficiently described so as to be capable of identification.
Illus.
(i) A bequeathes certain property to B—directing him to divide the bulk of it among the children of C. There is no creation of a trust because the property is not indicated with reasonable certainty.
(ii) A gives property in trust for his wife and directs that such part of it as may not be required by her shall, after her death, be held in trust for his children.
(iii) A gives property in trust for his servants with a direction to reward them according to their deserts out of such parts of my estate as may not have been sold or disposed of by her.