Sayer, In re

Subject Matter

TRUST — Uncertainty, trust void for — Unascertainable class — Power to make payments to or on behalf of company's “employees,” “ex-employees,” their “widows, infant children or other infant dependants” and “other dependant relatives” — Power collateral — Provision for winding up of company — Power subsequently to purchase annuities for persons actually or potentially eligible — Ultimate trust of surplus for benefit of employees or ex-employees — Whether powers and trusts valid.

TRUST — Possibility of execution by court — Power — Power collateral — No exercise of power or execution of trust — Ultimate trust by operation of law in favour of settlor — Whether court will execute ultimate trust.

TRUST — Uncertainty, trust void for — Unascertainable class — Power to make payments to or on behalf of company's “employees,” “ex-employees,” their “widows, infant children or other infant dependants” and “other dependent relatives” — Power collateral — Provision for winding up of company — Power subsequently to purchase annuities for persons actually or potentially eligible — Ultimate trust of surplus for benefit of employees or ex-employees — Whether powers and trusts valid.

TRUST — Possibility of execution by court — Power — Power collateral — No exercise of power or execution of trust — Ultimate trust by operation of law in favour of settlor — Whether court will execute ultimate trust.