... Kindler and Alexander Laing Pearson, as plaintiff's, tried to discover whether the trust was valid or void for uncertainty.> The defendants to the summons (the Executors) were Arthur Frederick Smith, Robert Thomas Mitchell McPhail, Mrs Enid May Baden, Raymond Rostron Baden and Joseph Frederick Norris.> Goff J held: Provisions of clause 9(a) constituted a power not a trust and so were valid.> The Court of Appeal upheld this decision but argued that the wrong test had been used for determining the validity of a power.> The House of Lords reversed this decision and held that the provisions of clause 9(a) constituted a trust, not a power.> The House of Lords sent the case to the Chancery Division to decide whether the clause was valid or void for uncertainty.> Brightman J held: Clause valid as a trust.> The second, third and fourth defendants appealed. The Legal Issue:> Applying the test laid down ...

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