A Selection of Cases On the Law of Trusts With Notes And Citations

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Eq. Cas. 380; Withers v. Jeiikins, 6 S. Ca. 122; Field v. Arrowsmith, 3"Humph. 446 ; Brevart y, Neely, 2 Sueed, 164; Saunders v. Harris, 1 Head, 185; Goss v. Singleton, 2 Head, 67; Furman v, Fisher, 4 Col. 626, 630; Johnson v. Roland, 58 Tenn. 203, 211 ; Walker v. Johnson, 37 Tex. 127 ; Lee v. Randol])h, 2 Hen. & Munf. 12'Accord.
A trustee may disclaim either by deed — Doe v. Harris, 16 M. & W. 517 ; Pepper- corn V. Wayman, 5 DeG. & Sm 230 — or by parol. Townson i;. Tickell, 3 B. & Al. 31 ; Sta
...ceyi'. Elph, 1 M. & K. 195; Foster « Dawber, 1 Dr. & Sm. 172; Birchall v. Birchall, 40 Ch. Div. 436; Adams v. Adams, 64 N. H. 224; Barritt v. Silliman, 13 N. Y. 93 ; Beekman v. Bonsor, 23 N. Y. 298, 305 ; Re Robinson, 37 N. Y. 261 ; Green V. Green, 4 Redf. 357 ; Read i;. Robinson, 6 W. & S. 329.
Disclaimer comes too late after conduct indicating acceptance. Conyngham v. Conyngliam, 1 Ves. 522 ; Bence v. Gilpin, L. R. 3 Ex. 76 ; Kennedy v. Wire, 80 Ala. 165. In Crewe v. Dicken, 4 Ves. 97, Lord Loughborough held that a release by a trustee to a co-trustee by way of disclaimer was ineffectual, because the release im- plied an acceptance of the trust.


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