This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ...(e). 3. But where a receiver (who is, of course, a constructive trustee) made several journeys to Paris, in order that he might be present at the hearing of a suit brought in the French courts in relation to the trust property, and it appeared that his presence was wholly needless, the whole question being one of French law, and not of fact, his travelling expenses were disallowed, on the ground that they were under the circumstances improperly incurred (/). 4. And so where trustees attempted, at the solicitation of their cestuis que trust, some of whom were married women without power of anticipation, to sell the trust property before the date named in the settlement, it was held that they were not entitled to be indemnified against the costs of an action for specific performance brought against them by the purchaser (g). Art. 57.--Protection against the Acts of Co-trustee. A trustee is not answerable for the receipts, acts, or defaults of his co-trustee (), save only: --a. "Where he has handed the trust property to him without seeing to its proper application. /3. Where he allows him to receive the trust property without making due inquiry as to his dealing with it. y. Where he becomes aware of a breach of trust, either committed or meditated, and abstains from taking the needful steps to obtain restitution and redress, or to prevent the meditated wrong. (e) Macnamara v. Jones, Dick. (g) leedham v. Chawner, sup. 587. (a) Dawson v. Clarke, 18 V. (/) Malcolm v. O'Callagfian, 3 254; and as to settlements made M. & C. 62. since, see 22 & 23 Vict. o. 35, And even in these three cases he may, by express declaration in the settlement, be made irresponsible (b). Illust.--Thus in the case of Wilkins v. Hogg (c), -which now...

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Excerpt from Concise Manual of the Law Relating to Private Trusts and Trustees Every person who has had practical experience as a lawyer, divides his professional knowledge into two distinct heads, namely: - first, his habitual knowledge - that knowledge of the rides of law which is laid up in his memory, so that whenever he has reason to apply those rules they are accurately recalled without external aid; and secondly, his knowledge of the storehouses, so to speak, where he can get the actual knowledge of any branch of law of which he is uncertain. Now of storehouses of law we have an ample supply. Putting aside the various digests, no works could well be more complete and detailed than Mr. Dart's Book on Vendors and Purchasers, Mr. Jarman's on Wills, Mr. Chitty's on Contracts, Mr. Addison's on Torts, Mr. Justice Lindley's on Partnership, and last, but far from least, Mr. Lewin's Model Treatise on Trusts. Again, we have smaller but singularly complete summaries of case law in Mr. Roscoc's Nisi Prius Evidence, and Mr. Watson's excellent Compendium of Equity, a book which ought to be in the hands of every practical lawyer. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.