Wilding v Bolder: CA 22 Dec 1855

The Master of the Rolls, except in cases of absolute necessity, will not appoint a near relative of the parties interested to be a trustee.
Mr. Cairns appeared in support of a petition to appoint new trustees, one of whom was related to the cestuis que trust.
The Master of the Rolls said: ‘I cannot depart from the rule I have adopted of not appointing a near relative a trustee, unless I find it absolutely impossible to get someone unconnected with the family to undertake that office.
I have always observed that the worst breaches of trust are committed by relatives who are unable to resist the importunities of their cestuis que trust, when they are nearly related to them.

Judges:

Sir John Romilly MR

Citations:

[1855] EngR 935 (A), (1855) 21 Beav 222

Links:

Commonlii

Jurisdiction:

England and Wales

Trusts

Updated: 02 May 2022; Ref: scu.292857