The plaintiffs had obtained against the trustees an order that the settlement was void as against the plaintiffs and other creditors. The court considered the trustees’ position on costs.
Held: A trustee has a duty to defend the trust, and where he defended the action, he was entitled to his costs out of the trust estate.
Kekewich J
[1907] 2 Ch 157
Cited by:
Doubted – Alsop Wilkinson v Neary and Others ChD 4-Nov-1994
The second defendant, a solicitor, had fraudulently taken money from trusts, and paid money into trusts for his own family. It was claimed that the payments were intended to defeat the recovery of the funds. The trustees sought protection on costs . .
Lists of cited by and citing cases may be incomplete.
Trusts, Costs
Leading Case
Updated: 02 November 2021; Ref: scu.198267
