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An Historical Sketch of the Equitable Jurisdiction of the Court of Chancery Bei

Cover An Historical Sketch of the Equitable Jurisdiction of the Court of Chancery Bei
An Historical Sketch of the Equitable Jurisdiction of the Court of Chancery Bei
Duncan Mackenzie Kerly
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199 that had prevailed in some of the earlier cases, and since that time the inclination of the Court has been against constructions of this description, which have been described as 'making a will for the testator/ and which the Judges admit have often disappointed his intention 1 . Where directions to divide among a class have been held to impose a trust the Court has never allowed the non-execution of his duty by the trustee to prejudice the cestuis que trust, and, from the time of Jekyll, M.... R. 2, it has acted on the maxim that 'equality is equity, ' and divided equally, unless some principle of selection has been indicated by the settlor, as where the division is to be 'ac- cording to the necessities' of the cestuis que trust, in which case the Court will enquire and apportion, following an example set by Lord Hardwicke 3 .
The position of the trustee has been settled by a series of decisions extending down to the present time, modified by statutes passed to relieve him from the intolerable responsibilities cast upon him by the Court, which has not always borne in mind the caution of Lord Coventry, " that parties trusted be not too much punished lest it should dishearten men to take any trust.


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