Re Smith. Public Trustee v Aspinall
| Jurisdiction | England & Wales |
| Court | Chancery Division |
| Year | 1928 |
| Date | 1928 |
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24 cases
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Gulbenkian's Settlements, Re (No. 2)
... ... In re Coleman ( 1888 ) 39 Ch.D. 443 , C.A.; In re Smith [ 1928 ] Ch. 915 and In re Nelson (Note) [ 1928 ] Ch. 920 , ... ...
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The Serious Fraud Office v Litigation Capital Ltd (a company incorporated in the Marshall Islands) and Others
... ... Receivers in respect of the realisable property of Gerald Martin Smith) Applicants and Litigation Capital Limited (a ... F4 Declarations of trust over property which the trustee has yet to acquire ... included “any law or any action taken by a government or public authority including [that] which arises due to any act or omission of the ... The named discretionary beneficiaries under a trust were a Mrs Aspinall and her three adult children, one of whom had died. Mrs Aspinall was of an ... ...
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Figg v Clarke
...Lindley MR in Re Hocking; Michell v Loe [1898] 2 Ch 567,Re White; White v Edmond [1901] 1 Ch 570 and Re Smith; Public Trustee v Aspinall [1928] Ch 915. It appears to me however that where in those cases evidence of inability to bear or father children has been taken into account by the cour......
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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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The Beneficiary's Ownership Rights in the Trust Res in a Liberal Property Regime
...and Matthew Harding(eds), Asia-Pacic Trusts Law: Theory and Practice in Context (Oxford: Hart Publishing, 2021) partII.114 Re Smith [1928] 1 Ch 915, and SirMoses Monteore Jewish Home vHowell and Co (No 7) Pty Ltd[1984] 2 NSWLR 406.115 Charles Mitchell, ‘Commissioner of Stamp Duties (Queen......
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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......
