Intending to marry a second time, C made a settlement on her sons by her first marriage, but without the knowledge of her intended husband. Her second husband took possession of the land in breach of the trust after her death.
Held: The two sons by the first marriage were able to enforce the trust, and those claiming through the second husband were liable for rents.
Citations:
(1707) 7 Bro Parl Cas 413, (1707) 3 ER 269
Jurisdiction:
England and Wales
Trusts
Updated: 23 November 2022; Ref: scu.223568