Re Barlow [1979]

Testatrix provided that any of her ‘friends’ who wish
to may purchase her paintings at below market price.
Did this condition precedent fail for uncertainty?
Those arguing it did fail relied on Re Baden (No1) to the effect that it
must be possible to say who is within and who without the class of friends.
Opposition argued Re
Allen
was the appropriate test.
Browne-Wilkinson J opted for Re Allen.
Total ascertainment of the testatrix’s friends was not
required.

Justification for the less strict test was that
for individual gifts, unlike trusts and powers, uncertainty as to some beneficiaries
did not affect the quantum of the gift in respect of those who clearly
qualified.