References: [1866] EngR 61, (1866) 35 Beav 201, (1866) 55 ER 872
Links: Commonlii
To a bill for the administration of real and personal estate, and for the appointment of a receiver and a new trustee, a plea in bar, by the alleged executors, that they had been prevented proving by the Plaintiff’s entering a caveat in the Court of Probate, was overruled.
This case is cited by:
- Appeal from – Tempest -v- Lord Camoys CA ((1882) 21 ChD 571)
Jessel MR held that: ‘It is settled law that when a testator has given a pure discretion to trustees as to the exercise of a power, the court does not enforce the exercise of the power against the wish of the trustees, but it does prevent them from . .