Re Somes. Smith v Somes

JurisdictionEngland & Wales
Date1896
Year1896
CourtChancery Division
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6 cases
  • Re Greaves. Public Trustee v Ash
    • United Kingdom
    • Court of Appeal
    • 5 March 1954
    ...of appointment can never therefore defeat the donor's primary intention." 19 We refer also to the language of Chitty J. in re Somes 1896 1 Ch.250 at p.255:- 20 "There is no duty imposed on the donee of a limited power to make an appointment; there is no fiduciaryrelationship between him and......
  • Von Knieriem v Bermuda Trust Company Ltd
    • Bermuda
    • Supreme Court (Bermuda)
    • 13 July 1994
    ...D. Lowe Q.C. and Mr. D. Duncan for Kurt Engelhorn Re HayWLR [1982] 1 WLR 202 In re Skeats' SettlementELR (1889) 42 ChD 522 Re SomesELR [1896] 1 Ch 250 Re GreavesELR [1954] 1 Ch 434 Mettoy Pension Trustees v EvansWLR [1990] 1 WLR 1587 British Coal Corp v British Coal Staff Superannuation Sch......
  • Chinachem Charitable Foundation Ltd v The Secretary For Justice & Others
    • Hong Kong
    • Court of Final Appeal (Hong Kong)
    • 18 May 2015
    ...as a “power in the nature of a trust” or a “fiduciary power in the full sense” (the expression used by Chitty J in Re Somes [1896] 1 Ch 250, 255, quoted and adopted by Warner J in Mettoy Pension Trustees Ltd v Evans [1990] 1 WLR 1587, 1614. It is not a power capable of being released (that ......
  • Turner v Kleinwort Benson (Trustees) Ltd
    • United Kingdom
    • Chancery Division
    • 28 July 2005
    ...the property or on any other person as a trustee of the power itself: per Romer, LJ, p.669. I will, as Chitty J. did in In Re. Soames [1896] 1 Ch., 250, 255 call a power in this category 'a fiduciary power in the full sense'. Mr. Walker suggested as an example of such powers vested in perso......
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