Re The Marquis of Bute's Will

JurisdictionEngland & Wales
Judgment Date29 January 1859
Date29 January 1859
CourtHigh Court of Chancery

English Reports Citation: 70 E.R. 321

HIGH COURT OF CHANCERY

In re The Marquis of Bute's Will

S. C. 5 Jur. (N. S.) 487.

Trustee Act, 1850, s. 10. 13 & 14 Vict. c. 60, s. 10. Vesting Order. Trustee out of the Jurisdiction.

[15] In re the maequis of bute's will. Jan. 29, 1859. [S. C. 5 Jur. (N. S.) 487.] Trustee Ad, 1850, s. 10. 13 & 14 Vid. c. 60, s. 10. Vesting Order. Trustee out of the Jurisdiction. Under the 10th section of the Trustee Act, 1850, the Court will now make an order vesting lands in a new trustee jointly with continuing trustees, notwithstanding the doubts suggested In re Watts' Settlement (9 Hare, 106) and In re Flyer's Trust (Id. 220). The late Marquis of Bute, by his will, devised and bequeathed freehold and leasehold lands and certain choses in action to Charles Stuart and others, upon trusts for the benefit of the present marquis, now an infant, for life, with remainders over. The will contained a power to appoint a new trustee in the place of any trustee therein named, who should remain abroad for more than twelve months. Charles Stuart having remained abroad for more than twelve months, the power was exercised by appointing...

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