면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Equity & Trusts
Rolls Court
1841

Saunders v Vautier

(1841) 4 Beav 115

판결 이유

A beneficiary who is of full age and capacity and is absolutely entitled to trust property can call upon the trustee to transfer the property to them, even if the trust instrument provides for a later date of distribution.

사실관계

A testator left stocks to trustees to accumulate income and pay the capital and accumulated income to Vautier when he reached 25. Vautier, upon reaching 21 (the age of majority), demanded the property.

판결 요약

The court held that Vautier, being sui juris and solely and absolutely entitled, could call for the trust property immediately, overriding the testator's direction to wait until age 25.

주요 인용문

"Where a legacy is directed to accumulate for a certain period, or where the payment is postponed, the legatee, if he has an absolute indefeasible interest, is not bound to wait until the expiration of that period."

Lord Langdale MR

후속 처리

Good law

Foundational principle of trust law. Extended to groups of beneficiaries acting together (all must be ascertained, of full age, and consenting) by Re Smith [1928].