Train v. Buchanan's Trustee (Clapperton) [1908] UKHL 682 (25 May 1908)

Trustees had exercised the discretion conferred upon them by the testator; court will not substitute its own judgment for that of trustees where discretion is exercised.

Citation: [1908] UKHL 682
Parties: Appellant: Train; Respondent: Buchanan's Trustee (Clapperton)
Jurisdiction: United Kingdom
Judgment Date: 08 May 1908
Procedural Posture: Appeal / Final Judgment
Outcome: appeal dismissed
Legal Topics: Trustee Discretion, Beneficiary Rights, Assignment of Interest

Trusts Succession Trustee Discretion Beneficiary Rights Assignment of Interest

Case Brief

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Parties

Train

Appellant

Buchanan's Trustee (Clapperton)

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

1 Whether trustees exercised discretion as directed by the testator
2 Whether beneficiary or assignee is entitled to unpaid balance of revenue

Ratio Decidendi

Trustees had exercised the discretion conferred upon them by the testator; court will not substitute its own judgment for that of trustees where discretion is exercised.

Court Disposition

appeal dismissed

Orders

Appeal dismissed; no relief granted to appellant