Re Hain's Settlement
| Jurisdiction | England & Wales |
| Judge | THE MASTER OF THE ROLLS,LORD JUSTICE UPJOHN,LORD JUSTICE PEARSON |
| Judgment Date | 09 February 1961 |
| Neutral Citation | [1961] EWCA Civ J0209-5 |
| Court | Court of Appeal |
| Date | 09 February 1961 |
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9 cases
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McPhail v Doulton, sub nom Re Baden's Deed Trusts (No 1)
...the judge in the end tocome to the conclusion that this was in effect a power and not a trust. 14 I observe that in ( Re Hain 1961 1 Weekly Law Reports 440) Lord Evershed, Master of the Rolls, did not feel that the fact that the primary trust was expressed in a mandatory form was, on the co......
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McPhail v Doulton, sub nom Re Baden's Deed Trusts (No 1)
...8There is no doubt that the primary trust here is expressed in a mandatory form. True that this is not necessarily conclusive, cf. In re Hain's Settlement [1961] 1 W.L.R. 440 per Lord Evershed M.R. at page 443, but it is powerful foundation for the argument that a trust so created in its i......
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Whishaw and Another v Stephens and Others
...in detail because I think that the present position of the law is far from satisfactory. I agree with criticism by Lord Evershed in Re Hain [1961] 1 W.L.R. 440. by Sachs L.J. in Darwen v. Leek [1968] 2 W.L.R. 1385 and by Lord Denning M.R. in the present case. This case can be decided on the......
- Re Edmondson's Will Trusts
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