Property & Trusts Cases Revision - January

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Can you name the Property & Trusts Cases...?

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Content of CaseName of Case and YearExtra Info
Money in a bank for Rolls Razor washing machines - bankrupt - money a trust then a debt-
Croydon store going bust - deposits into separate account - Trust-
Mother-in-law pays 600 for a new room onto house - not a debt but a constructive trust (Denning) - confusing.-
Crook takes out 100% mortage - building society sell flat - actually make profit - money goes to prison authority. Sympathy - not logical. -
Prison governor is not a trustee of prisoner's cash..-
Dye manufacturer - employee takes bribes to buy bad die - debt not trust.-
Eastern lawyer takes bribes - buys property in NZ - that property is on trust...-
Sons are executors and trustees - one pawns of some family silver - others want it back - trust - sympathy against pawnbroker.-
Some beneficiaries are worse off but that is OK because it's good for estate as a whole - less tax paid-
Daughter gets guarantee from solicitors for husband as admin - he was also trustee - absconds - solicitors say they only guaranteed as an admin.Sympathy against solicitors.
'An unclearly expressed express trust.' RK - what's that?-
Property transferred - words of settlement to be confirmed... what is that?-
Property not handed over yet... what is that? -
What kind of power is... a power to manage the property.-
a power to pay out to beneficiaries, add beneficiaries or hand over capital.-
General power = power to appoint to anybody in all the world e.g.Unusual - complete owner.
'to all the world except X' = hybrid power-
None owed estate duty in a discretionary trust... Does not come up usually as there are always unborn beneficiaries.-
Non-fiduciary power rules laid down...Lord Reid
Discretionary trust rules laid down - is/is not + admin workability-
Russian dies - son on isle of man wants to know his entitlement - power not trust - PC says sometimes under a power you can be entitled to know..-
Discretionary trust - they can also know under certain circumstances-
What form does the non-binding advice of the testator take when advising his trustees how to exercise their discretion?-
Three certainties:-
Everyone wants to validate this trust but they all take different routes...-
Rabbi obiter-
Conditional gift of paintings to friends who must come forward to claim their prize...-
the test of administrative workability is laid down..-
Obiter on capriciousness..-
The Act designed to stop people giving to the church on their deathbeds - 1736-1888-
Charitable attempt for trust of employees - fails - cannot be connected by personal nexus-
Poor employees for a company... OK - poor relations is old and allowed-
Trust to set up the NHS - there is now an NHS - but when the chap wrote the will it was a political end.-
A trust set up by the FA - PE is a key part of education - fine-
Warden of Wilton Park which hosts conferences for European Cooperation - a specific project - an educational purpose trust - public benefit - valid gift-
Will to the 'sisters of charity' - trust may be charitable though not confined to the poor though it may not exclude them - relief of sick is legitimate - doesn't matter what else -
Testator left money to town council for sports use - Charitable - Scots-
Col Tatham Steals a ring - nemo dat quod non habet-
Father fails to give a cheque to his son-
Man who judges do not like buys boat with mistress-
Aunt gives shares to her nephew - equitable interest transferred before legal ownership says one judge - inequitable not to allow -
He did everything he could to transfer the shares... it's valid though registration is pending.-
This personal representative did not do everything he could to transfer property so it fails.-
cy pres now - a gift to an uincorporated and incorporated body.. both dead before testator died - uincorporated = gift to charitable purposes which still existed... incorporated gi-
'Mrs Bayley's charity rotherhithe' - widow charity had since been subsumed into a general scheme - funds held for the benefit of poor in the area - gift goes to consolidated charit-
Gift to a seminary that was closed was too narrow for cy pres - not charitable purpose - failed-
gift to Royal College of Surgeons on faith-tested means - RCS rejected the faith bit - court said general charitable intention ok-
cy-pres used to remove the colour bar on a youth hostel - though not completely impracticable to carry on the charity as it was - cy pres ensures that the charity continues - 'fall-
nuns need to go out into the community to be charitable-
if all the beneficiaries of a trust are sui juris adults they can close the trust and distribute the capital-
Gold bars need to be marked - certainty of subject-
The Rule Against Perpetuities does apply to charitable trusts with the limited exception of the rule in...-

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