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Elizabeth Whiteley and her children sued the executors of Benjamin Whiteley's will (of 19 March 1874). The will contained a power to invest the fund on certain investments, including “real securities in England or Wales.” £5000 of the trust money had been lost. £3000 was invested in a mortgage at 5% return in the freehold of a ten-acre brick field near Pontefract, “with the engine ...
Celotex Corp. v. Catrett, 477 U.S. 317 (1986), was a case decided by the United States Supreme Court.Written by Associate Justice William Rehnquist, the decision of the Court held that a party moving for summary judgment need show only that the opposing party lacks evidence sufficient to support its case.
Cowan v Scargill [1985] Ch 270 is an English trusts law case, concerning the scope of discretion of trustees to make investments for the benefit of their members. It held that trustees cannot ignore the financial interests of the beneficiaries.
There are cases where property has been put into the name of X without X's knowledge but in circumstances where no gift to X was intended. It has been held that such property is recoverable under a resulting trust: Birch v Blagrave (1755) Amb. 264: Childers v Childers (1875) 1 De G&J 482: In re Vinogradoff [1935] WN 68: In re Muller [1953] NZLR ...
In United States federal courts, a denial of summary judgment cannot be appealed until final resolution of the whole case, because of the requirements of 28 U.S.C. § 1291 and 28 U.S.C. § 1292 (the final judgment rule). To defeat a summary-judgment motion, the non-moving party only has to show substantial evidence that a dispute of material ...
A trust is a document that allows you to keep control of your money and property and designate who receives it once you die. “Revocable” means you can change the terms at any time while you ...
A judgment on the fairness of the choices made by the trustees must have regard to these imponderables. The second reason is that the image of the scales suggests a more mechanistic process than I believe the law requires. The trustees have in my judgment a wide discretion.
Pennington v Waine [2002] EWCA Civ 227 is an English trusts law case, concerning the requirements for a trust to be properly constituted, and the operation of constructive trusts. The case represents an equitable exception to the need for a complete transfer of property in law.