The Trusts of Sheppard's Will, and The Trustee Act, 1850
| Jurisdiction | England & Wales |
| Judgment Date | 25 November 1862 |
| Date | 25 November 1862 |
| Court | High Court of Chancery |
English Reports Citation: 45 E.R. 1247
BEFORE THE LORDS JUSTICES.
[423] In the Matter of the trusts of sheppard's will, and In the Matter of the trustee act, 1850. Before the Lords Justices. Nov. 25, 1862. Held (reversing the decision appealed from), that a person who has a contingent interest in a trust fund has a locus standi to present a petition for the appointment of new trustees. This waa an appeal from an order of the Master of the Rolls dismissing a petition for the appointment of new trustees. William Sheppard, by will dated 26th May 1838, devised three houses to trustees 1248 be sheppabd's tbusts 4DEo.F.*j.4. t upon, trust as to each house for one of the testator's sons for life, and after his death upon trust for such children of the son aa should survive him and the issue of such as should have died in his lifetime leaving issue. And the testator declared that if any one of his, the testator's, sons should die without leaving issue living at his death, then the trustees should convey the house which had been given to that son for his life to all the children of the testator who should be living at the death of that son and the issue then living of such of the other children of the testator as should be then dead leaving issue. The testator died in 1840, leaving the three tenants for life and other children. The trustees never acted, but had not disclaimed. Two of the tenants for life were living and one of them had issue, the third was believed to be in Australia, but had not been heard of for some years. The two tenants for life who were in England were in possession of their respective houses, and one was also in possession of the house given to the absent tenant for life. One of them waa alao the testa-tor's heir at law. [424] In these circumstances the testator's children, other than the tenants for life, presented a petition under the Trustee Act, 1850, for the appointment of new-trustees. The Master of the Rolls dismissed the petition, with costs, on the ground that persona having only contingent interests could not apply for the appointment of new trustees. The Petitioners appealed. Mr. (jr. Lovell, for the Appellants. There is no ground for saying that because a person's interest is only contingent he cannot come to the Court to have it protected ; Cole v. Moore (Moore, 806); Robinson v. Litton (3 Atk. 209); Williams v. Duke of Balton (3 P...
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Syed Salim Alhadad and Others v Dickson Holdings Pte Ltd
...estate is entitled to make an application under s 60 for the appointment of trustees. The only authority cited was Re Sheppard`s Trust 45 E R 1247, where Turner LJ said: It is impossible to say that the petitioners have not an interest within the meaning of the 37th section of the Trustees ......
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Syed Salim Alhadad and Others v Dickson Holdings Pte Ltd
...estate is entitled to make an application under s 60 for the appointment of trustees. The only authority cited was Re Sheppard`s Trust 45 E R 1247, where Turner LJ said: It is impossible to say that the petitioners have not an interest within the meaning of the 37th section of the Trustees ......