References: [1789] EngR 325, (1789-1817) 1 Ves Jun Supp 619, (1789) 34 ER 948 (C)
Links: Commonlii
Ratio: As a general rule, executors must get in the property of the testator by all possible remedies.
This case is cited by:
- See Also – Caffrey v Darby (31 ER 1159, (1801) 6 Ves 488, [1775-1802] All ER Rep 507, Commonlii, [1801] EngR 484, (1801) 6 Ves Jun 488, (1801) 31 ER 1159)
A fiduciary has a strict duty to account; equity imposes stringent liability on a fiduciary as a deterrent – pour encourager les autres. Lord Eldon LC said: ‘It would be very dangerous, though no fraud could be imputed to the trustees, and no kind . .
(This list may be incomplete)
Last Update: 03 January 2018
Ref: 365956
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