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Re Gulbenkian's Settlements Trusts
''Re Gulbenkian’s Settlements Trusts'' () (UKHL 5 ) is an English trusts law case, concerning the certainty of trusts. It held that while the 'is or is not' test was suitable for mere powers, the complete list test remained the appropriate test for discretionary trusts. It was only a year later in ''McPhail v Doulton''〔() UKHL 1〕 that the 'is or is not' test was considered appropriate for discretionary trusts by a different panel of their lordships.
==Facts==
Calouste Gulbenkian, a wealthy Ottoman oil businessman and co-founder of the Iraq Petroleum Company, made a settlement in 1929 that said the trustees should ‘in their absolute discretion’ and while his son Nubar Gulbenkian was still alive, give trust property to 'Nubar Sarkis Gulbenkian and any wife and his children or remoter issue for the time being in existence whether minors or adults and any person or persons in whose house or apartments or in whose company or under whose care or control or by or with whom the said Nubar Sarkis Gulbenkian may from time to time be employed or residing'. It was argued this was too uncertain to be enforced.
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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