Re Cooper
1939 · [1939] Ch 811
Posted By lanbuk.com
- Facts
- A testator left 5,000 pounds to trustees, having told them the terms. A later codicil increased it to 10,000 pounds without telling them.
- Issue
- Was the extra money held on the ?
- Held
- No. Only the 5,000 pounds that was communicated was bound.
- Principle
- A secret trust binds only property covered by the communication.
- Why it matters
- It concerns the extent of communication.
Words and Latin in this note
- Secret trust
- A trust that a legatee under a will has privately agreed to carry out. In a fully secret trust the will shows no trust. In a half-secret trust the will shows a trust but not its terms. 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.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.