Neilson v. Stewart's Trustees [1905] ScotLR 42_434 (14 March 1905)

Neilson v. Stewart's Trustees [1905] ScotLR 42_434 (14 March 1905)

Petitioner was entitled to expenses from trust estate as between agent and client; respondents were not entitled to expenses from trust estate for opposing the petition.

Citation
[1905] ScotLR 42_434
Parties
Petitioner: William Neilson; Respondent: Thomas Y. Paterson; Respondent: Andrew Martin
Jurisdiction
Scotland
Judgment Date
14 March 1905
Procedural Posture
Petition for Removal of Co Trustees and Appointment of Judicial Factor / Final Judgment
Outcome
Petition dismissed; administration placed under Accountant of Court; expenses awarded to petitioner from trust estate; respondents' motion for expenses refused.
Legal Topics
Removal of Trustees, Trust Administration, Expenses, Maladministration
Trust Law Removal of Trustees Trust Administration Expenses Maladministration

Case Brief

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Parties

William Neilson

Petitioner

Thomas Y. Paterson

Respondent

Andrew Martin

Respondent

Procedural Posture

Petition for Removal of Co Trustees and Appointment of Judicial Factor / Final Judgment

Legal Issues

  1. 1 Whether co-trustees should be removed for maladministration
  2. 2 Whether a judicial factor should be appointed
  3. 3 Entitlement to expenses from trust estate

Ratio Decidendi

Petitioner was entitled to expenses from trust estate as between agent and client; respondents were not entitled to expenses from trust estate for opposing the petition.

Court Disposition

Petition dismissed; administration placed under Accountant of Court; expenses awarded to petitioner from trust estate; respondents' motion for expenses refused.

Orders

  • Administration of trust placed under superintendence of Accountant of Court
  • Petitioner awarded expenses from trust estate as between agent and client