This does not seem to apply to powers on the basis that while the court cannot positively compel trustees to exercise powers of appointment, it can positively compel trustees to exercise their discretionary trust powers, so the court must be in a position to carry out its positive function – see Templeman J in [case]who concluded ‘that a power cannot be uncertain merely because it is wide in ambit.’
Answer
Re Manisty’s Settlement [1974] Ch 17
Tags
#certainties #equity #law
Question
This does not seem to apply to powers on the basis that while the court cannot positively compel trustees to exercise powers of appointment, it can positively compel trustees to exercise their discretionary trust powers, so the court must be in a position to carry out its positive function – see Templeman J in [case]who concluded ‘that a power cannot be uncertain merely because it is wide in ambit.’
Answer
?
Tags
#certainties #equity #law
Question
This does not seem to apply to powers on the basis that while the court cannot positively compel trustees to exercise powers of appointment, it can positively compel trustees to exercise their discretionary trust powers, so the court must be in a position to carry out its positive function – see Templeman J in [case]who concluded ‘that a power cannot be uncertain merely because it is wide in ambit.’
Answer
Re Manisty’s Settlement [1974] Ch 17
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Parent (intermediate) annotation
Open it cannot positively compel trustees to exercise powers of appointment, it can positively compel trustees to exercise their discretionary trust powers, so the court must be in a position to carry out its positive function – see Templeman J in <span>Re Manisty’s Settlement [1974] Ch 17 who concluded ‘that a power cannot be uncertain merely because it is wide in ambit.’<span><body><html>
Original toplevel document (pdf)
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Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
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0
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