Marlborough (Duke) v Attorney General (No. 2)
| Jurisdiction | England & Wales |
| Date | 1945 |
| Court | Court of Appeal |
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4 cases
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Leo Teng Choy v Leo Teng Kit and Others
...was here a trust for sale, but only that the sale was postponed, Lai Siu Chiu J relied upon the cases, Duke of Marlborough v A-G (No 2) [1945] Ch 145 and Rajabali Jumabhoy & Ors v Ameerali R Jumabhoy [1998] 2 SLR 439 .However, there is a significant difference between the clauses in Marlbor......
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Rajabali Jumabhoy and Others v Ameerali R Jumabhoy and Others
...to the timing of the sale and did not affect the overriding direction that the property should be sold. In Marlborough v A-G (No 2) [1945] Ch 145, Morton LJ made it clear that the presence of these two restrictions on the direction for sale in the trust deed did not prevent a trust for sale......
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Midleton (Earl) v Cottesloe (Baron)
...any question of death duties. Nor can counsel rely upon the concession made by the Crown, in very special circumstances, in Duke of Marlborough v. Attorney-General [1945] 1 Ch. 145. With all respect to Hanna J., I cannot accept as correct his observations as to the construction of section 2......
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Rajabali Jumabhoy and Others v Ameerali R Jumabhoy and Others
...to the timing of the sale and did not affect the overriding direction that the property should be sold. In Marlborough v A-G (No 2) [1945] Ch 145, Morton LJ made it clear that the presence of these two restrictions on the direction for sale in the trust deed did not prevent a trust for sale......