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Trusts created expressly
Hypothetical facts
Vincent, a renowned artist, died in 2018. His will contains the following provisions:
(a) ‘To my favourite artist, Theodore van Damme, I devise my country studio and gardens in Saint-Rémy absolutely in full confidence that he will make such use of them as I should have made myself and that at his death he will leave them to the Royal Academy and in default of any disposition by him thereof by his will or testament I hereby direct that all my estate and property acquired by him under this my will shall at his death be given to the Royal Academy absolutely’.
(b) ‘To my executors, my personal estate (excluding my art collection) to hold upon trust for such artists as they shall select having regard to their knowledge of my personal taste in art.’
(c) ‘To my executors, the greater part of my art collection to be held by them on trust for my favourite model, Marguerite Gachet, subject to any pictures which my friends may choose.’
Consider the validity of each provision.