McPhail and Ors v Doulton and Ors

[1971] A.C. 424

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(Judgment by: Lord Reid)

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

Court:

Judges:
Lord ReidLord 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

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Judgment by:
Lord Reid

My Lords, for the reasons given by my noble and learned friend Lord Wilberforce, I would allow this appeal and make the order which he suggests.