It is in the nature of the office of a trustee, whether expressed in the instrument or not, that the trust property shall reimburse him all the charges, and expenses incurred in the execution of the trust. Cases in Bankruptcy - Page 409by Thomas Christopher Glyn, Robert S. Jameson - 1828Full view - About this book
| John Eykyn Hovenden - 1825 - 656 pages
...trust "fund for re- (whether it be expressed in the instrument or not,) that, the trust property must reimburse him all the charges and expenses incurred in the execution of the trust: but, it would be wrong to conclude, that, the persons employed by the trustee are, therefore, creditors... | |
| Henry Maddock - 1827 - 520 pages
...Murray v. De Rotlentuun. 6 Johns. Ch. Rep. 52. a Trustee, and, as it seems, of an Executor (/), whether expressed in the Instrument or not, that the Trust...and expenses incurred in the execution of the Trust (I). That is implied in every such Deed (u). But if the Cestui qut Trust assigns the Estate, the Trustee... | |
| Leonard Shelford - 1836 - 1090 pages
...entitled to his costs out of pocket (z). But it is in the nature of the office of a trustee, whether expressed in the instrument or not, that the trust...reimburse him all the charges and expenses incurred in (0 Attorney General v. Corpora- Robinson v. Pitt, 3 P. Wins. 251. tion of Bedford, 2 Ves. sen. 505.... | |
| Thomas Lewin - 1837 - 874 pages
...Finch, 361; in re Ormsby, 1 B. & " It flows," said Lord Eldon, " from the nature of the office, whether expressed in the instrument or not, that the trust...and expenses incurred in the execution of the trust (9)." If a trustee be sued concerning the trust, and have his costs paid him as between party and party,... | |
| Samuel Vallis Bone - 1839 - 398 pages
...Ves. 272. ; Henderson v. M'lver, 3 Mad. 27.*>. It is in the nature of the office of a trustee, whether expressed in the instrument or not, that the trust...of the trust. That is implied in every such deed. Per LORD ELDON, in Worral v. Harford (ante) ; see, also, Dawson v. Clarhe, 18 Ves. Jim. 254. See upon... | |
| James Hill - 1845 - 704 pages
...Eldon charges and has said that " it is in the nature of the office of trustee, whether ex- ' pressed in the instrument or not, that the trust property...and expenses incurred in the execution of the trust" (a). And in a modern case(i) Lord Cottenham stated it " to be quite clear according to the rule, which... | |
| 1860 - 508 pages
...the office, whether expressed in the instrument or not, that the trust property shall reimburschim all the charges and expenses incurred in the execution of the trust : " ( Worrall v. Harford, 8 Ves. 8.) And " the expenses incurred by a trustee in the execution of his... | |
| 1927 - 1130 pages
...Harford, 8 Ves. Jr. 2, 8, Lord Eldon said: "It is in the nature of the office of a trustee, whether expressed in the instrument or not, that the trust...expenses incurred in the execution of the trust." In Attorney General v. Mayor of Norwich, 2 My. & Cr. 406, 424, 40 Eng. Rep. 702, Lord Cottenham said... | |
| William Fischer Agnew - 1882 - 632 pages
...the office of a trustee, whether expressed in the instrument of trust or not, that the trust-property shall reimburse him all the charges and expenses incurred in the execution of the trust." 13 The expenditure must have been necessary, or must have been incurred at the request of the cestui... | |
| James Barr Ames - 1893 - 548 pages
...a question of pleading are omitted. — ED. or not, that the trust property shall reimburse him ail the charges and expenses incurred in the execution...by them are therefore creditors of the trust fund. J doubt very much, and. desire not to be understood to admit, that, even ifjthe trusteesjire charged... | |
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