Re Cockburn's Will Trusts. Cockburn v Lewis
| Jurisdiction | England & Wales |
| Date | 1957 |
| Year | 1957 |
| Court | Chancery Division |
Executor and Administrator - Administrator - Trustee - Completion of administration - Whether administrators trustees of will with power to appoint new trustees -
Three persons were appointed executors and trustees of a will, of whom two predeceased the testator and the third renounced probate. Two administrators with the will annexed were appointed and carried out their duties for a period of ten years. A question arose relating to a scheme for the purpose of distributing the residuary estate, and a summons was taken out to determine whether the administrators, who had cleared the estate and completed the administration in the ordinary way, were trustees for the purposes of the will and at liberty to exercise the powers and discretions thereby conferred on the trustees for the time being of the will:—
Held, that the administrators, having duly completed their duties as administrators, had the power, under the trusts conferred by section 36 of the Trustee Act, 1925, to appoint new trustees (i.e., to appoint trustees of the will to act in their place) and that if they did not so appoint new trustees to execute the trusts of the will they themselves would become trustees in the full sense.
ADJOURNED SUMMONS.
By his will dated November 28, 1928, the testator, Sir James Stanhope Cockburn, Bart., appointed three persons to be the executors and trustees thereof, and declared that references to his trustees should include them
“and the survivors or survivor of them or other the trustees or trustee for the time being of this my will except where such construction is precluded by the context.”
No person was nominated by the will for the purpose of appointing new trustees. By a codicil dated April 5, 1932, the testator gave certain directions to his trustees, which are not material for the purposes of this report.
The testator died on April 1, 1947. Two of the persons named in the will as executors and trustees died during the lifetime of the testator, and the third renounced probate.
On July 24, 1947, letters of administration with the will annexed were granted to James Francis Cockburn and Claude John Ledstone Lewis. The testator's widow, who had certain interests...
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