Clarke & ors v Shrewsbury and Atcham Constituency Labour Party & ors [2024] WTLR 67
Wills & Trusts Law Reports | Spring 2024 #194James Morris (the settlor), a Labour Party councillor and businessman, settled two trusts (the trusts). This claim concerned the validity of the trusts, their rectification, a proprietary estoppel claim by a beneficiary, and the consequences of the trusts’ invalidity.
The first trust concerned Morris Hall, Bellstone Court, Bellstone, Shrewsbury (the hall), which Mr Morris transferred to himself and three others to hold pursuant to a declaration of trust dated 5 April 1934 (the hall trust).
Clause 1(g) of the hall trust provided:
‘After making provision fo...
Public Trustee v Harrison [2018] WTLR 299
Wills & Trusts Law Reports | Spring 2018 #171By an Indenture dated 6 March 1925 (“Indenture”), Charles Harrison (“Settlor”) settled property on his only child, Jeannette Harrison (“Life Tenant”). By Clause 18(ii), the Life Tenant was given a testamentary power of appointment in the event of dying without issue in favour of nephews of nieces of the Settlor and/or their issue subject to a proviso that the Trust Fund or the shares thereof should be retained by the Trustees on such trusts and with and subject to such powers and provisions as would for the time being be applicable to a share appropriated by them to the object or objects...