References: [1967] EWCA Civ 2, [1968] Ch 353, [1968] 1 All ER 665, [1968] 2 WLR 237
Links: Bailii
Coram: Harman LJ, Danckwerts LJ, Sachs LJ
Ratio: The court considered a complaint that a trustee had purchased trust property.
Held: There is a residual discretion in the Court to uphold a transaction that technically falls within the prohibition.
Jurisdiction: England and Wales
This case is cited by:
- Cited – Jones and others v Firkin-Flood ChD (Bailii, [2008] EWHC 2417 (Ch))
The trustees had contracted to sell shares in a private company held within the estate. A family member now claimed that they were held in trust after a settlement of a possible challenge to the will based in lack of testamentary capacity and undue . .
(This list may be incomplete)
Last Update: 26 July 2017
Ref: 262787
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