 If it appears to the court that a trustee ... is or may be personally liable for any breach of trust ... but has acted honestly and reasonably, and ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the court...  The Parliamentary Debates - Page 617by Great Britain. Parliament - 1903Full view - About this book
 | Frederick Pollock - Law - 1898 - 452 pages
...closely : firstly, as to jurisdiction. The section confers power 'to relieve the trustee' in cases where 'it appears to the Court that a trustee ... is or may be personally liable for any breach of trust.' Various questions will arise as to the construction of these words. Presumably they are intended to... | |
 | Richard Hallilay - Conveyancing - 1900 - 780 pages
...Act of 1894 (sect. 4), to be chargeable as breaches of trust. Further, by o'J & 60 Viet. c. 35, s. 3, if it appears to the court that a trustee is or may be personally liable for any breach of trust, occurring before or after this Act, but who has acted honestly and reasonably and ought fairly to be... | |
 | Law - 1904 - 298 pages
...defence rests upon section 3 of Act No. 1769, introducing the English law, which provides that—" If it appears to the Court that a trustee is or may be personally liable for any breach of trust, but has acted honestly and reasonably, and ought fairly to be excused for the breach of trust, and... | |
 | Alured Myddelton Wilshere - Equity - 1920 - 620 pages
...undue influence. 2. By the Court under s. 8 of the Judicial Trustees Ad, 1896, which provides that if it appears to the Court that a trustee is or may be personally liable for any breach of trust, but has acted honestly and reasonably and ought fairly to be excused for the breach of trust, and for... | |
 | John Arthur Slater - Business - 1924 - 640 pages
...his interest can be impounded towards recouping the trustee. By the later Trustee Act, 1898, where it appears to the court that a trustee is or may be personally liable for any breach of trust whenever it occurred, but has acted honestly and reasonably and ought fairly to be excused for the... | |
 | Law reports, digests, etc - 1902 - 838 pages
...Act 59 & 60 Viet. ch. 35, and provides that if in any proceeding affecting trustees or trust property it appears to the court that a trustee is or may be personally liable for any breach of trust, but has acted honestly and reasonably, and ought fairly to be excused for the breach of trust, then... | |
 | Tasmania - Session laws - 1899 - 758 pages
...Jurisdiction of the Court in cases of breach of trust. 59 & 60 Viet, c. 35, s. 3. Miscellaneous. 50 If it appears to the Court that a Trustee is or may be personally jjahje for anv b,.^], of trusti whether the transaction alleged to be a breach of trust occurred before... | |
 | Alastair Hudson - Law - 2014 - 1107 pages
...Trustee Act 1925 to grant partial or total relief for breach of trust. That section provides that: If it appears to the court that a trustee. . .is or...may be personally liable for any breach of trust... but has acted honestly and reasonably, and ought fairly to be excused for the breach of trust and for... | |
 | Anja Fenge - Art - 2002 - 278 pages
...this section which may, at the passing of this Act, be the subject of a depending action. 32.— (1) If it appears to the court that a trustee is or may be Court may personally liable for any breach of trust, whether the transaction relieve trustee alleged... | |
 | Konrad Rusch - Law - 2003 - 324 pages
...Vernachlässigung des üblichen Sorgfaltsstandards begangen hat, soll kein „vernünftiges" Verhalten 531 ,Jf it appears to the court that a trustee ... is or may be personally liable for any breach of trust ... but has acted honestly and reasonably, and ought fair lv to be excused for the breach of trust... | |
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