References: (1841) 4 Beav 115 affd Cr & Ph 240, [1841] EWHC Ch J27, [1841] EWHC Ch J82, (1841) Cr & Ph 240, [1841] EngR 629, (1841) 4 Beav 115, (1841) 49 ER 282
Links: Bailii, Bailii, Commonlii
Coram: Lord Cottenham
Ratio:A direction in a will stated that the income from certain shares was to be accumulated and invested until the beneficiary attained the age of 25. On attaining his majority at 21 years, the beneficiary sought termination of the trust, and transfer of the legal title in the property to him.
Held: The beneficiary was entitled to call for the property. The intention of the testator was that the beneficiary would ultimately take the property, but had merely sought to postpone the date on which this would happen. Beneficiaries who are sui juris and together entitled to the whole beneficial interest can put an end to the trust and direct the trustees to hand over the trust property as they may direct: ‘once something has been given to a person the court will not enforce any attempt to keep it out of his grasp until a later date.’
This case is cited by:
- Cited – Tod -v- Judith Cobb Lady Barton, William Godfrey Lukes Barton, The Royal Society of Chemistry, In re Barton (Deceased) ChD (Bailii, [2002] EWHC 264 (Ch))
The deceased was an English scientist who died domiciled in Texas. His beneficiaries in England executed a deed of variation, but this would not be recognised in the law of Texas. The will expressly stated it was subject to the laws of England. . . - Cited – Goulding and Goulding -v- James and Daniel CA (Times 07-Feb-97, Bailii, [1996] EWCA Civ 1156)
The family sought approval of a proposed variation of the will to make best advantage of tax allowances. Because the beneficial interests of children would be affected, the court’s approval was necessary. The judge had refused to approve the . . - Cited – Hunt and Another -v- McLaren and others ChD (Bailii, [2006] EWHC 2386 (Ch))
Land had been given to a football club under a trust for its exclusive use as such. That land was sold and a new ground acquired and a stadium built, but the land was subject to restrictive covenenats limiting its use to sports, which considerably . . - Cited – Barbados Trust Company Ltd -v- Bank of Zambia and Another CA (Bailii, [2007] EWCA Civ 148)
The creditor had assigned the debt, but without first giving the debtor defendant the necessary notice. A challenge was made to the ability of the assignee to bring the action, saying that the deed of trust appointed to circumvent the reluctance of . . - Cited – Nelson -v- Greening & Sykes (Builders) Ltd CA (Bailii, [2007] EWCA Civ 1358, Times 22-Jan-08)
The builders had obtained a charging order for the costs awarded to them in extensive litigation, and a third party costs order but without the third party having opportunity to test the bill delivered. They had agreed to sell land to the defendant, . . - Cited – Clarence House Ltd -v- National Westminster Bank Plc ChD (Bailii, [2009] EWHC 77 (Ch))
The claimant landlord alleged that the defendant tenant had transferred the lease under a ‘virtual assignment’ and that this was in breach of its lease.
Held: The Abbey National case was not helpful. However, the arrangement was not a breach . . - Cited – Clarence House Ltd -v- National Westminster Bank Plc CA (Bailii, [2009] EWCA Civ 1311)
The defendant tenants, anticipating that the landlord might delay or refuse consent to a subletting entered into a ‘virtual assignment’ of the lease, an assignment in everything but the deed and with no registration. The lease contained a standard . . - See Also – Saunders -v- Vautier (, Commonlii, [1841] EngR 765, (1841) Cr & Ph 240, (1841) 41 ER 482)
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(This list may be incomplete)
Last Update: 07-Jul-16
Ref: 182790