R v Smillie - [1956] NZLR 269

Trusts and Trustees — Remuneration — Charging Clause in Will — Extent to which Trustee entitled thereunder to Remuneration without Order of Court.

Criminal Law — Criminal Breach of Trust — Money taken by Accused — Trustee not authorized by Charging Clause in Will — Intent to defraud — Proof — Relevant Considerations — Crimes Act 1908, s 254.

Criminal Law — Evidence — Prosecution with Leave of Attorney-General — Evidence before Jury of Attorney-General's Consent, after Accused invited to make Explanations to Attorney-General — Leave to be proved by Crown Counsel handing in Document evidencing it — Evidence Amendment Act 1945, s 11 (1) (e) — Crimes Act 1908, s 362.