References: [1864] EngR 762, (1864) 2 Dr & Sm 285, (1864) 62 ER 630
Links: Commonlii
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.
This case is cited by:
- See Also – Talbot -v- Marshfield ([1865] EngR 589, Commonlii, (1865) 2 Dr & Sm 549, (1865) 62 ER 728)
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 . .
