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Errol, in His Home-Made Will, Leaves 'Ten of the Most

Question 3

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Errol, in his home-made will, leaves 'ten of the most expensive pieces of crystal' to be held by Jonathan, his trustee, 'in the hope and expectation that he will distribute them to such of my needy, old University friends who survive me, as Jonathan in his absolute discretion shall decide.' In relation to certainty of subject matter, which of the following statements is correct?


A) The trust is likely to be held certain, as 'ten of the most expensive pieces of crystal' is ascertainable by Jonathan.
B) The trust is likely to be held uncertain, as Errol has failed to physically segregate the particular pieces of crystal that are to be subject to the trust, which are tangible property.
C) The trust is likely to be held certain, but only because Errol has designated 'ten' as the number of pieces of crystal, which solves any question of uncertainty because 'ten' is objectively determinable.

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