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Re Baden's Deed Trusts (No 2)
''Re Baden’s Deed Trusts (No 2)'' () (EWCA Civ 10 ) is an English trusts law case, concerning the circumstances under which a trust will be held to be uncertain. It followed on from ''McPhail v Doulton'',〔() AC 424〕 where the House of Lords affirmed that upholding the settlor's intentions was of paramount importance.
==Facts==
Mr Bertram Baden settled a trust for the employees, relatives and dependants of his company, Matthew Hall & Co Ltd. It said the net income of the trust fund should be applied by the trustees ‘in their absolute discretion’ and as they thought fit for the employees, relatives and dependants in grants. The House of Lords in ''McPhail v Doulton''〔() AC 508〕 held that the trust would in principle be valid if it could be said with certainty that a hypothetical claimant "is or is not" within the class of beneficiaries. The case returned to the lower courts to determine if the trust was in fact enforceable.
Brightman J held the House of Lords decision had overruled previous ''IRC v Broadway Cottages'' so that the rule in ''Re Gulbenkian'' applied equally to trusts as to powers: a trust was valid if it could be said with certainty that any given individual was or was not a member of a class of beneficiaries, and accordingly the clause was valid as a trust. The executors appealed.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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