Cherry and Another v. Patrick [1909] ScotLR 17 (26 October 1909)

Cherry and Another v. Patrick [1909] ScotLR 17 (26 October 1909)

The respondent's pursuit of an action against the trust estate, alleging dishonesty by the truster, creates a supervening disability and conflict of interest incompatible with his duties as trustee, necessitating removal.

Citation
[1909] ScotLR 17
Parties
Petitioner: Mrs Alice Adamson or Cherry; Petitioner: Reverend Alexander Copland; Respondent: Hugh Patrick; Trustee: Robert Paton
Jurisdiction
Scotland
Judgment Date
26 October 1909
Procedural Posture
Petition for Removal of Trustee / Judgment on Petition
Outcome
trustee removed from office
Legal Topics
Removal of Trustee, Conflict of Interest, Trust Administration
Trust Law Removal of Trustee Conflict of Interest Trust Administration

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Parties

Mrs Alice Adamson or Cherry

Petitioner

Reverend Alexander Copland

Petitioner

Hugh Patrick

Respondent

Robert Paton

Trustee

Procedural Posture

Petition for Removal of Trustee / Judgment on Petition

Legal Issues

  1. 1 Whether a trustee can remain in office while pursuing an action against the trust estate involving allegations of dishonesty against the truster
  2. 2 Whether the respondent's position creates a conflict of interest incompatible with trust duties

Ratio Decidendi

The respondent's pursuit of an action against the trust estate, alleging dishonesty by the truster, creates a supervening disability and conflict of interest incompatible with his duties as trustee, necessitating removal.

Court Disposition

trustee removed from office

Orders

  • Prayer of the petition granted; respondent removed as trustee