Where an English trust was created of estate in England, vested in English trustees in the English form; but for the benefit of parties natives of Scotland; and the trust fund having not been put to the uses mentioned; but transferred by the trustee to the first party beneficially called to succeed. Forty years after the present action was raised by the Scotch party, deprived of the benefit. Held, in the Court of Session, that the Scotch law of negative prescription, and not the English law, fell to be applied, and that the right of the parties favoured by the trust was cut off by the negative prescription.
Citations:
[1779] UKHL 2 – Paton – 495
Links:
Jurisdiction:
England and Wales
Trusts
Updated: 08 September 2022; Ref: scu.562032