In re Vandervell’s Trusts (No 2)

Additional names

White v Vandervell Trustees Ltd

Subject Matter

TRUSTS — Formation — Disposition to trustees — Trustee company acting as trustee of family settlement — Transfer to company of option to purchase shares — Whether option held upon resulting trust in favour of settlor

[1974] Ch 269; [1973] 3 WLR 744

TRUSTS — Resulting trust — Settlement — Settlor transferring shares to charity — Dividends to provide funds — Option to buy shares exercised by trustees of family settlement — Price paid out of settlement funds — Transfer to trustees without declaration of trusts — Destination of dividends and capital — Whether resulting trust of option in favour of settlor — Whether shares held beneficially or on trust

[1974] Ch 269; [1973] 3 WLR 744

TRUSTS — Resulting trust — Settlement — Settlor transferring shares to charity — Option to buy shares exercised by trustees of family settlement — Price paid out of settlement funds — Intention of trust for settlement evinced — Extinction of resulting trust by exercise of option — Whether “disposition of an equitable interest or trust” — Whether writing necessary — Whether material facts pleaded — Law of Property Act 1925, ss 53 (1) (c), 205 (1) (ii) — RSC, Ord 18, r 7

[1974] Ch 269; [1974] 3 WLR 256

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