Re Lofthouse (an Infant)

JurisdictionEngland & Wales
Date1884
CourtCourt of Appeal
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7 cases
  • Pitt and another v Holt and another; Futter and another v Futter and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 9 Marzo 2011
    ...Older cases tended to focus on what ought not be to taken into account, such as personal disapproval: see Klug v Klug [1918] 2 Ch 67 and Re Lofthouse (1885) 29 ChD 921 at 925–6 (both being cases where the trustees declined to exercise their discretion). Abacus v Barr shows that the wishes ......
  • Pitt and Another v Holt and Another Futter and Another v Futter and Others
    • United Kingdom
    • Supreme Court
    • 9 Mayo 2013
    ...the advance should be made. She had therefore made no proper exercise of her discretion. The other case was In re Lofthouse (An Infant) (1885) 29 Ch D 921, in which income of a fund was available for the maintenance of a five year old girl whose mother had died very shortly after her birth.......
  • Minister for Immigration and Border Protection v SZVFW and Others
    • Australia
    • High Court
    • 8 Agosto 2018
    ...Settlement [1964] Ch 918 at 928–929; Hartigan Nominees Pty Ltd v Rydge (1992) 29 NSWLR 405 at 441–442. 156 In re Lofthouse, an Infant (1885) 29 Ch D 921 at 930. 157 Dundee General Hospitals Board of Management v Walker [1952] 1 All ER 896 at 907, see also at 901, 905. 158 See, eg, Dundee G......
  • Lee v Torrey
    • New Zealand
    • High Court
    • 4 Septiembre 2015
    ...stated before: but see Jacobs (supra) at the end of para 1609 where cases are noted which approach this result, namely Re Lofthouse (1885) 29 Ch D 921, 930 per Cotton, LJ — “perversity is dishonesty for this purpose”; Re Baden's Deed Trusts [1971] AC 424, 449 per Lord Wilberforce in which c......
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1 books & journal articles
  • English fiduciary standards and trust law.
    • United States
    • Vanderbilt Journal of Transnational Law Vol. 32 No. 3, May 1999
    • 1 Mayo 1999
    ...[1991] 2 All E.R. 513 (Ch.). (117.) See id. at 549. (118.) See generally id. (119.) See Klug v. Klug, [1918] 2 Ch. 67; In re Lofthouse, 29 Ch. D. 921 (C.A. 1885); In re Roper's Trusts, 11 Ch. D. 272 (1879); In re Hodges, 7 Ch. D. 754 (1878). But see cases cited supra nn. 81-82; G. THOMAS, P......

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