Arnott v Arnott

JurisdictionIreland
Judgment Date01 January 1924
Date01 January 1924
CourtChancery Division (Irish Free State)
Ch. Div., I. F. S.,
Arnott
and
Arnott

Welfare of beneficiaries.

Defendant was a trustee under the will of her deceased husband. The plaintiffs, her co-trustee and a beneficiary under the will, sought to have defendant removed from her position of trustee on the ground of persistent and unjustifiable obstruction in the matter of the trust, amounting to misconduct:—Held, that the jurisdiction of the Court to remove a trustee should be exercised if the welfare of the beneficiaries demanded it, even though no dishonesty or incompetence had been alleged or proved against the trustee whom it was sought to...

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9 cases
  • On the application of Hamilton and Williams
    • Ireland
    • High Court
    • 20 d4 Maio d4 1999
    ...1998 ON THE APPLICATION OF STEPHEN CHRISTOPHER HAMILTON AND JANE WILLIAMS Citations: POWERS OF ATTORNEY ACT 1996 S10(3) ARNOTT V ARNOTT 1924 58 ILTR 145 LETTERSTEDT V BROEN 9 AC 391 POWERS OF ATTORNEY ACT 1996 S9(1) POWERS OF ATTORNEY ACT 1996 S12(2)(b)(ii) Synopsis - [1999] 3 IR 310 - [19......
  • Dunne v Heffernan
    • Ireland
    • Supreme Court
    • 26 d3 Novembro d3 1997
    ...V BANK OF IRELAND 1976 IR 393 COPE, IN RE 1954 1 AER 698 MOORE V MCGLYNN 1894 1 IR 74 LOVEDAY, IN RE 1900 PD 154 ARNOTT V ARNOTT 58 ILTR 145 SPENCER V MINSELLA 1996 2 ILRM 401 AG V KELLY 1992 1 IR 361 RSC O.79 r5 SUCCESSION ACT 1965 S55(3) 1 Judgment of Lynch J., delivered 26th day of N......
  • Re Howley; Naughton v Hegarty
    • Ireland
    • High Court
    • 12 d4 Dezembro d4 1940
    ... ... Powers-court (1) , and it is recognised in recent times by O'Connor M.R., Barton J., and Ross J. in Arnott v. Arnott (2) , In re Salter (3) , and Rickerby v. Nicholson (4) , respectively. If Canon Howley had left his residue to be applied in the ... ...
  • Flood v Flood
    • Ireland
    • High Court
    • 14 d5 Maio d5 1999
    ...In re: Loveday (1900) P. 155 in support of the same, and the Irish cases of Spencer v. Kinsella (1996) 1 ILRM 401 and Arnott v. Arnott, 58 ILTR 145.Under this latter decision, it is open to the court to remove a trustee if his position is detrimental to the 8 Mr. Howard submits that the Pla......
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