The Ninth Duty

Augustine Birrell QC states the ninth duty as follows:

“The ninth and last duty of a Trustee is, whenever any question of difficulty arises in the administration or management of his trust estate to take the opinion of the judge in chambers by way of summons.”

Augustine Birrell notes that the judge will insist upon proper parties appearing before him, and will not determine important points in their absence. He also notes that certain remedies cannot be pursued by way of originating summons including an action for breach of trust {See Dowse v Gorton (1891), App Cas page 202}


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This tab updated on 3 June May 2015