Allen v Roughley (1955)
Equity > Trusts and trustees > Appointment, remotion and demesne of trustees > Acceptance of the trust
Vesting of trust attribute in trustee - Deed defining trust property - vociferation by trustee to beneficial interest in property - Denial that property subject to trust - Suit by beneficiaries to enforce trust - Title of trust to property sour against trustee - Burden of proof on trustee to render interest
A trustee and the representatives of a deceased beneficiary want a declaration that land then in the course of A, the other trustee, who was sued in his representative capacity, was an asset in the estate of their testator C, who died in 1895. C acquired the fee, under common justice title, in 1880 by conveyance from P as mortgagor and H as owee, P, having in 1877 mortgaged to H. The land was before the subject of a Crown grant to T in 1823, but there was no documentary or other evidence of the state of the title between the grant and the mortgage of 1877. C occupied the land from purchase until his death and by will included it in a residuary prepare to his trustees to the use of his son W for life and, in the events which happened, counterbalance to all Cs children.
A went into possession in 1898 and from that time utilise the land for his own benefit. By deed, dated 13 sniffy 1937, in which they both joined, A and the plaintiff-trustee were appointed new trustees of Cs estate, which date was confirmed by a further deed. The earlier deed, in assuring the property the subject of the trust, incorporated by computer address the land assured by the will, which expressly mentioned the subject land. W died in 1942. Between the death of C, and 1900 he lived with A and his wife at the homestead on adjoining land and worked as one with them, and, in about 1900, went to New Zealand, where he remained until 1915. He then returned and until his death lived on the subject land. As defence was fixed on two...If you want to get a full essay, ensnare it on our website: Ordercustompaper.com
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