who are the two knights involved in this case?
John Knight and Charlotte Knight.
Knight v Knight
Thomas Knight died intestate, having been pre-deceased by his only son. His daughter, the horticulturalist Charlotte Knight (c.1801-1843), had married Sir William Edward Rouse-Boughton, 2nd and 10th Baronet (1788-1856), a Member of Parliament for Evesham. Payne's uncle, Edward Knight (1699-1780) (3rd son of the patriarch Richard I Knight), had a grandson John Knight (1765-1850), of Lea Castle, Wolverley, the pioneering developer of the Forest of Exmoor in Somerset, who brought a claim alleging that Thomas had been bound to make a strict settlement in favour of the male line, of which he was the senior representative. Sir William Rouse-Boughton argued that no such trust had been created and that the property had in fact gone to Thomas absolutely, and thus on to Charlotte and his family.
how can a settlor create an express trust They can create a trust if they are capable of holding property. when is such a trust considered to be valid? Its instrument must show certainty of intention, subject matter and object. who is considered to be capable of creating these? Generally speaking, anyone capable of holding property can create a trust. are there any exceptions? Yes, for statutory bodies and corporations, and minors who usually cannot hold property can, in some circumstances, create trusts these stipulations for creating these trusts are a part of which legal system? English Law. what is the role of the person mentioned in the beginning? In law a settlor is a person who settles property on trust law for the benefit of beneficiaries. how were the certainties you mentioned above established? The rule came out of the case of "Knight v Knight".
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Knight v Knight [SEP] Facts
Thomas Knight died intestate, having been pre-deceased by his only son. His daughter, the horticulturalist Charlotte Knight (c.1801-1843), had married Sir William Edward Rouse-Boughton, 2nd and 10th Baronet (1788-1856), a Member of Parliament for Evesham. Payne's uncle, Edward Knight (1699-1780) (3rd son of the patriarch Richard I Knight), had a grandson John Knight (1765-1850), of Lea Castle, Wolverley, the pioneering developer of the Forest of Exmoor in Somerset, who brought a claim alleging that Thomas had been bound to make a strict settlement in favour of the male line, of which he was the senior representative. Sir William Rouse-Boughton argued that no such trust had been created and that the property had in fact gone to Thomas absolutely, and thus on to Charlotte and his family.