The settlor wished to become a nun and expected to take vows of poverty chastity and obedience. She therefore transferred her property to trustees on Trust for certain specified beneficiaries. At a later point she decided to leave the convent, and now sought to recover the property she had placed in the trust.
Held: since the trust was created the claimant I’ll settlor, lost all interest in the property and therefore could not recover it.
Bennett J said ‘ . . the persons appointed trustees under the settlement received the settlor’s interest and immediately it has been received by them, as a result of her own act and her own declaration. . it’s became impressed with the trust contained in the settlement.’
Bennett J
[1936] Ch 71
England and Wales
Trusts
Leading Case
Updated: 11 November 2021; Ref: scu.656648
