References: (1882) 21 ChD 571
Coram: Lord Jessel MR
Ratio: 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 exercising it improperly.’
This case cites:
- Appeal from – Tempest v Lord Camoys ([1866] EngR 61, Commonlii, (1866) 35 Beav 201, (1866) 55 ER 872)
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 . .
(This list may be incomplete)
Last Update: 12 March 2019
Ref: 536789