The Weekly Law Reports
[1968] 2 WLR 237
[COURT OF APPEAL]
HOLDER v. HOLDER AND OTHERS
[1964 H. No. 33]
1967 Nov. 13,
14,
15,
16,
17;
Dec. 8
Dec. 8
HARMAN, DANCKWERTS and SACHS, L.JJ.
Executor and Administrator
— Executor
— Renunciation
— Joint acts of administration performed with other executors
— Renunciation by one executor in order to purchase trust property
— Probate granted to remaining executors
— Whether renunciation effective
— Minimal acts of administration before renunciation
— Whether sufficient to amount to intermeddling
— Whether sale to executor 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
— Conduct of beneficiary to be taken into account.
Trusts
— Trustee
— Purchase of trust property
— Rule debarring trustee from purchase
— Reasons for
— Whether a rule of practice or going to jurisdiction of court.
Acquiescence
— Breach of trust
— Knowledge of legal consequences
— Whether necessary.