The Weekly Law Reports
[1966] 3 WLR 229
[CHANCERY DIVISION]
HOLDER v. HOLDER AND OTHERS
1966 Jan. 18,
19,
20,
21,
24,
26,
27,
28;
Feb. 11, 21
Feb. 11, 21
CROSS J.
Executor and Administrator
— Executor
— Renunciation
— Joint acts of administration performed with other executors
— Probate granted to remaining executors
— Renunciation in order to purchase trust property
— Whether effective
— Whether sale impeachable by beneficiaries.
Trusts
— Profit by trustee from trust
— Trust property purchased by trustee
— Acquiescence
— Purported renunciation by executor in order to purchase trust property
— Beneficiary objecting to purchase on grounds other than sale to trustee
— Beneficiary instructing solicitor for that purpose
— Purchase by renouncing executor
— Payment to beneficiary
— Trustee's inability to purchase trust property subsequently raised
— Whether acquiescence by beneficiary
— Whether appreciation of legal consequences of known facts necessary
— Whether beneficiary's position affected by instruction of solicitor on different point
— Form of order.
Acquiescence
— Breach of trust
— Knowledge of legal consequences
— Whether necessary.