In re Moxon: 1916

Under the statutory power of appointing new trustees out of court, the public trustee could be appointed and act even though the instrument might require a minimum of two trustees to act. The section was ‘not merely by way of addition o the statutory powers, but is a positive and independent enabling the appointment of the Public Trstee on every occasion on which a private trustee could be appointed.’ and ‘Subsection (1) enables the Public Trustee to be appointed in all cases as the sole trustee.’
References: [1916] 2 Ch 595
Judges: Sargant J
Statutes: Public Trustee Act 1906 5(1)
This case is cited by:

  • Cited – In Re Duxbury’s Settlement Trusts CA 21-Nov-1994
    The Public trustee appealed against an order which had recognised his appointment under the 1959 trust, but had held that because of the explicit prohibition in the trust instrument against a trustee acting alone, he could not act.
    Held: . .
    (Times 19-Dec-94, Gazette 16-Dec-94, Ind Summary 06-Feb-95, [1995] 1 WLR 425, , [1994] EWCA Civ 21)

These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.247495