Bretts Leading Cases in Modern Equity

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Bretts Leading Cases in Modern Equity
Thomas Brett
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Why not 1 it may be asked. Why should not a trustee be entitled to a reasonable remuneration for performing what is often enough a thankless task ? It is because of the fear that if a man places himself in a position in which his interest and his duty are in conflict, he will be led to disregard his duty and con- sider only his interest. " If allowed, the trust estate might be loaded and rendered of little value, " Lord ChanceUor Talbot said (c).
One of the principal exceptions to this rule was
... established by the decision of Lord Cottenham in the case of Cradpck v. Piper {d) in 1850, where it was held not to apply to a case where several co- trustees were made defendants to a suit, this being a matter thrust upon them and beyond their own control, so that one of the trustees (a) 3 P. W. 132 ; Hh. & Tud. L. C. Eq. , 7th ed. , vol. Ii. , 606.
(6) See New v. Jones, 1 Hall & Tav. 632 ; 3Ioore v. Frowd, 3 M}'. & Cr. 45 ; Eraser v. Palmer, 4 Y. & 0. Exch. Ca. 517 ; Kirkman v.


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