Re Smith. Public Trustee v Aspinall
| Jurisdiction | England & Wales |
| Date | 1928 |
| Year | 1928 |
| Court | Chancery Division |
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25 cases
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The Serious Fraud Office v Litigation Capital Ltd (a company incorporated in the Marshall Islands) and Others
...to that of the beneficiaries with the fixed interests will be required for a termination.” 196 This principle was applied in Re Smith [1928] 1 Ch 915. The named discretionary beneficiaries under a trust were a Mrs Aspinall and her three adult children, one of whom had died. Mrs Aspinall was......
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Figg v Clarke
...Devenish v Pester ELR[1895] 2 Ch 348 Pettifor's Will Trusts, Roberts v Roberts ELR[1966] 1 Ch 257 Smith, Re, Public Trustee v Aspinall ELR[1928] Ch 915 Ward v Van der Loeff ELR[1924] AC 643 Whichelow, Re, Bradshaw v Orpen UNK[1953] 2 All ER 1558 White, Re, White v Edmond ELR[1901] 1 Ch 570 ......
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A v A
...the requisite intention, to join together for that purpose with the trustees (see Saunders v Vautier (1841) 4 Beav 115 and In re Smith, Public Trustee v Aspinall [1928] Ch 915). But since that would require the participation of all the beneficiaries (see Berry v Geen [1938] AC 575 at page ......
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Schmidt v Rosewood Trust
...gives them a limited power of disposition over the income subject to the discretionary trust, as is illustrated by In re Smith [1928] Ch 915 and In re Nelson (1918) reported as a note to In re Smith. But the possibility of such a collective disposition will be rare, and on his own the obje......
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1 firm's commentaries
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Rights Of A Discretionary Beneficiary And Liabilities Of The Trustee
...trust are of full age and capacity, they may call for the trustee to transfer the assets to them and terminate the trust (Re Smith [1928] CH 915; Re Nelson [1928] Ch 920 a development of the principle set out in Saunders v Vautier (1841) 4 Beav 115). FIDUCIARY RELATIONSHIP The absence of a ......
4 books & journal articles
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Divisional Court
...he in fact received payments were purely discretionary, so thathe had no right to capital or income: see Re Smith, Public Trustee vAspinall[1928]Ch 915, where it was said that the beneficiary under adiscretionary trust has a hope, but no entitlement. That being so, themagistrates' court cou......
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English fiduciary standards and trust law.
...Co., [1975] 1 W.L.R. 882 (Ch.); Saunders v. Vautier, [1841] Cr. & Ph. 240; Wharton v. Masterman, [1895] App. Cas. 186; In re Smith, [1928] Ch. 915; Hunt-Foulston v. Furber, 3 C.h.D. 285 (1876); In re Bowes, [1896] 1 Ch. 507. Under the Variation of Trusts Act 1958, the court on behalf of......
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Variation of Trusts: Settlors' Intentions and the Consent Principle in Saunders v Vautier
...as they direct, is properly a later extension of the rather narrower propositionthere laid down: see Re Nelson [1928] Ch 920n; Re Smith [1928] Ch 915. In this paper, a reference tothe rule in Saunders vVautier is a reference to the rule in its extended sense.9Goulding vJames [1997] 2 All ER......
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Equity and Trust
...to the trust property for the purposes of the operation of the rule in Saunders v Vautier(1841) Cr & Ph 240; 41 ER 482 (see In re Smith[1928] Ch 915) but not, either individually or as a class, for the purposes of inheritance tax (see Gartside v Inland Revenue Commissioners[1968] AC 553). 1......