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'Re Baden's Deed Trusts (No.2) [1973] Ch. 9'

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  • Essay length: 1060 words
  • Submitted: 04/09/2003
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University Degree Equity & Trust Law

The first 200 words of this essay...

Case note: 'Re Baden's Deed Trusts (No.2) [1973] Ch. 9'

The Court:

> 'The Court of Appeal'

The Judges:

> Sachs, Megaw and Stamp LJJ

What are the relevant facts?

> 1941 - Bertram Baden (Settlor), Chairman and Managing Director of Matthew Hall & Co Ltd, established trust fund of 5,000 shares in the company for officers and employees of the company.

> Clause 9(a) of the deed directed his trustees to:

> "Apply the net income of the fund in making at their absolute discretion grants to or for the benefit of any of the officers and employees or ex-officers or ex-employees of the company or to any relatives or dependants of any such persons in such amounts at such times and on such conditions (if any) as they think fit..."

> 1943 - Settlor transferred a further 5,000 shares to the trustees and other shares were added later.

> 1960 - Settlor dies.

> 1962 - Executors told that trusts were void for uncertainty and claimed payment of the fund to his estate.

> 1963 - The trustees (Edwin Baden, Peter Duke Doulton, Sidney

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