Talbot v Marshfield: 17 Nov 1864

Payment into Curt. Discretionary Power in Trustees Over Fund, – Although the mere existence of a discretionary power in trustees over a fund affords no reason why the Court should not order payment of the fund into Court, unless such payment into Court would interfere with the exercise by the trustee of such discretion ; yet where it appeared that trustees were about in the due exercise of a discretionary power to deal with a fund, the Court refused to order payment into Court, although the trustees had not actually parted with the fund.


[1864] EngR 762, (1864) 2 Dr and Sm 285, (1864) 62 ER 630



Cited by:

See AlsoTalbot v Marshfield 15-Jun-1865
Trustees took counsel’s opinion as to whether they should exercise a discretionary power to advance part of their trust fund for the benefit of some of the cestuis que trust: and others of the cestuis que trust having filed a bill to restrain them . .
Lists of cited by and citing cases may be incomplete.

Trusts, Litigation Practice

Updated: 05 May 2022; Ref: scu.282476