Re Hotchkiss Trusts: 1869

‘In this case, if the words of the will had been the same as the words in In re Potter’s Trust, I should, without expressing any opinion of my own, simply have followed the decision of Vice-Chancellor Sir R.Malins in that case; because I do not think it seemly that two branches of a Court of co-ordinate jurisdiction should be found coming to contrary decisions upon similar instruments, and encouraging as it were a race, by inducing persons who wish for one construction to go to one court and those who wish for another construction to go to another. I should simply have affirmed the Vice-Chancellor’s decision, with the intimation of my wish that the whole matter should be brought before a Court of Appeal.’


Sir William James V-C


(1869) 8 Eq 643


England and Wales

Trusts, Litigation Practice

Updated: 09 May 2022; Ref: scu.191952