Letterstedt v Broers
1884 · (1884) 9 App Cas 371
Posted By lanbuk.com
- Facts
- A sought the removal of a trustee board, alleging misconduct. Relations between them had broken down.
- Issue
- When will the court remove a trustee?
- Held
- The Privy Council held that the main guide is the welfare of the beneficiaries. Friction that hinders the proper administration of the can justify removal, even without proved misconduct. The board was removed.
- Principle
- The court may remove a trustee where the welfare of the beneficiaries requires it.
- Why it matters
- It is the leading case on removal of trustees.
Words and Latin in this note
- Beneficiary
- A person entitled to the benefit of trust property in equity, who can make the trustees carry out the trust. Open the note.
- Trust
- An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest. Open the note.
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