Re Keen [1937]

Question of what amounts to effective communication
was considered.
Money given to two trustees ‘to be held upon and
disposed of by them among such person, persons, or charities as may be notified
by me to them or either of them during my lifetime’.
Before executing will, settlor handed trustees an
envelope listing the objects of the trust and directing them not to open it
until he died.
Trust held to fail for two reasons:
1.  The words
‘as may be notified by me’ suggested that the objects would be communicated after the will was executed, whereas the
handing over of the sealed envelope was in effect communication before
2.  And in any
event, the rule for HSTs was that the objects must be communicated before the
trust was executed (as was held in Blackwell
v Blackwell