Facts:

Testatrix stated : ``I give my diamond necklace to my son C. S. to go and be held as an heirloom by him and by his eldest son on his decease and to go and descend to the eldest son of such eldest son and so to the eldest son of his descendants as far as the rules of law and equity will permit.''

Held:

Here the courts looked at how and by whom the will was drafted ( in this case with professional aid) to decide whether there was a trust obligation or not. One of the judges stated “that appears to me to afford the strongest indication that the testatrix in this case, by her will, which appears clearly upon the face of it to have been a will prepared with professional aid...I come to the conclusion that I must declare that upon a true construction of the will of the will of the testatrix the diamond necklace should have been held on trust”