Forsyth v Forsyth: 1891

Jeune J said: ‘Nunneley v. Nunneley seems to me to go the whole length of deciding that whatever be the law applicable to the settlements the effect of S.5 of the 22 and 23 Vict. c. 61, is to give this court power to vary the settlements in its discretion according to the principles laid down in that section.’

Judges:

Jeune J

Citations:

[1891] P 636

Statutes:

Matrimonial Causes Act 1859 5 22

Citing:

CitedNunneley v Nunneley 1890
The court considerd the power to vary a trust: ‘The language of the Act is exceedingly wide. I am clearly of opinion that the power thereby conferred extends to a settlement though made in another country and according to the law of that country.’ . .

Cited by:

CitedCharalambous v Charalambous; C v C (Ancillary Relief: Nuptial Settlement) CA 30-Jul-2004
The parties had been wealthy. Whilst still married, substantial sums had been placed in a trust. Their business interests had crashed and both faced personal bankruptcy. The husband appealed an order setting aside the trust.
Held: A clause in . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 30 April 2022; Ref: scu.199723