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McPhail and Ors v Doulton and Ors

[1971] A.C. 424

Between: McPhail and Ors - Appellants
And: Doulton and Ors - Respondents

Court:
House of Lords

Judges: Lord Reid
Lord Hodson
Lord Guest
Viscount Dilhorne
Lord Wilberforce

Subject References:
TRUSTS
DISCRETIONARY
Power of selection
Fund for employees
Trustees 'shall' apply income
Trustees not bound to exhaust income of any year
Power to apply accumulations as though income
Whether trust or power
Whether same or different test applicable in determining validity

Hearing date: 13-15, 19-21 January 1970
Judgment date: 6 May 1970
[On appeal from In Re Baden's Deed Trusts; Baden and Ors v. Smith and Ors.]

ORDER

Appeal allowed.


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