Question

Under Section 3 of the Indian Trusts Act, 1882, Mr. A bequeaths certain property to Mr. B with a wish expressed in his will: "I hope you will continue this property in the family for the benefit of my children and their welfare." The will does not create any legal obligation but merely expresses a moral wish. Which of the following correctly determines whether a valid trust has been created?

A A valid trust has been created because any expression of confidence in a will regarding property management creates a trust
B No valid trust has been created because the expression is merely a wish/hope rather than an imperative command; the beneficiaries (family members) are not ascertained with reasonable certainty; and there is no clear obligation on B to act in any particular manne
C A valid trust has been created but only against Mr. B's conscience; it cannot be enforced by law
D A trust is created only if the value of the bequest exceeds a statutory minimum; in this case, absent that information, no trust exists
E A valid trust has been created because testamentary expressions regarding property are automatically treated as trust declarations under Section 3
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