Court of Appeal Wellington
CA 100/03
29, 30 March; 4 August 2004
Anderson P, Hammond and William Young JJ
CA 100/03
29, 30 March; 4 August 2004
Anderson P, Hammond and William Young JJ
Trusts and trustees — Duties of trustees — Decision by trustees to distribute capital from estate
to life tenant — Life tenant effectively passing distribution on to
persons not beneficiaries under will — Whether trustees defeating intention of testator — Whether basis to review decision of trustees — Whether trustees personally liable —
Trustee Act
1956, s 73.
Trusts and trustees — Duties of trustees — Trustees receiving payment from company after
liquidation — Trustees allocating payment to income and capital of
trust — Whether payment to trust capital or income —
Companies Act
1955, s 270.
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