Download The Private Trustee in Victorian England by Chantal Stebbings PDF

By Chantal Stebbings

ISBN-10: 0511016182

ISBN-13: 9780511016189

ISBN-10: 052178185X

ISBN-13: 9780521781855

The "trust" was once a favored equipment utilized by the Victorian center periods to maintain their inner most estate. on the middle of this criminal establishment used to be the trustee, who controlled the valuables for the unique proprietor. Victorian trustees stumbled on themselves in a society that used to be altering swiftly and generally, which had a profound impression on their skill to hold out their tasks. This publication explores the felony reaction to the demanding situations confronted via trustees, during the various relationships which they skilled in the course of their management.

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Pressures could be particularly intense where a testamentary trust was concerned. In practice a request to act as trustee often constituted the last wish of a lifelong friend or relative, and a refusal to accept would amount to deserting his widow, possibly with young children, at a distressing and difficult time. It was also understood by those accepting trusteeship that the time would undoubtedly come when they themselves would be seeking to appoint trustees. Social, moral and indeed emotional pressures were, therefore, considerable.

The friends who were appointed were usually in the same profession or trade. Clerks in Holy Orders, for example, always appointed other clerks to act as their trustees, surgeons often appointed other surgeons, merchants other merchants. 2 3 4 5 See for example Ayliffe v. Murray (1740) 2 Atk 58; Westley v. Clarke (1759) 1 Eden 357; Brice v. Stokes (1805) 11 Ves Jun 319; Burgess v. Wheate (1757–9) 1 Eden 177 at 231 per Lord Mansfield CJ. See below, pp. 104–13. The Public Trustee, for example, was unknown, and trust corporations were rarely used.

See review of C. F. Beach’s new book on administration of trusts in England and the USA in (1898) 55 Law Quarterly Review 323. See too Kekewich J in Re Weall (1889) 42 Ch D 674 at 677. 16 The Private Trustee in Victorian England opportunities, employing specialised agents, and with liability for breaches of trust confined within realistic business limits. In the opinion of the manager of the trustee department of the Trustee and Executors Corporation, expressed to the Select Committee on Trust Administration in 1895, ‘there are two wants in the public: one is a want for security and good administration, and the other a want .

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