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" In any action or other proceeding against a trustee, or any person claiming through him, except where the claim is founded upon any fraud or fraudulent breach of trust to which the trustee was party or privy, or is to recover trust property, or the proceeds... "
The Law of Trusts and Trustees: Under the Trustee Act 1888, the Trust ... - Side 3
av Great Britain, Arthur Reginald Rudall, James William Greig - 1898 - 366 sider
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Hansard's Parliamentary Debates

Great Britain. Parliament - 1888 - 1064 sider
...any person claiming through him in which the claim is not founded upon any fraud or fraudulent breach of trust to which the trustee was party or privy, or is not to recover trust property, or the proceeds thereof, retained or received by the trustee and converted...
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Pump Court: The Temple Newspaper and Review, Volum 8

1888 - 432 sider
...person claiming through him, except where the claim is founded upon any fraud or fraudulent breach of trust to which the trustee was party or privy,...to recover trust property, or the proceeds thereof, retained or received by the trustee and converted to his use, the following provisions shall apply...
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The Law of Charities and Mortmain: Being a 3d Ed. of Tudor's Charitable Trusts

Owen Davies Tudor, Leonard Syer Bristowe, Walter Ivimey Cook - 1889 - 1152 sider
...under him and the cesiiu's que trttxf, unless the claim is founded xipon any fraud or fraudulent breach of trust to which the trustee was party or privy,...received by the trustee and converted to his use. If the action or proceeding is brought to recover money or other property, and is one to which no existing...
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The Law Quarterly Review, Volum 6

Frederick Pollock - 1890 - 498 sider
...any fraud or fraudulent breach of trust to which the trustee was party or privy ; (2) where the claim is to recover trust property, or the proceeds thereof,...retained by the trustee, or previously received by him and converted to his use. The former law still applies to these exceptions, and is laid down in...
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A Treatise on the Law and Practice Relating to Infants

Archibald Henry Simpson - 1890 - 772 sider
...commenced after January 1st, 1890, except where the claim is founded upon any fraud or fraudulent breach of trust to which the trustee was party or privy, or is to recover trust property retained by the trustee, or converted to his use. (r) Haven/ten v. Annesley, 2 &•*.' & Lef. 629 ;...
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The Consolidated Laws of Gibraltar

Gibraltar, Robert Ffrench Sheriff - 1890 - 840 sider
...founded Limitations upon any fraud or fraudulent breach of trust to which the trustee was Beaded by a party or privy, or is to recover trust property, or the proceeds trustee, thereof still retained by the trustee or previously received by the trustee and converted...
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Digest of the Law of Evidence on the Trial of Actions at Nisi Prius, Volum 1

Henry Roscoe, Maurice Powell - 1891 - 924 sider
...the solicitor was a trustee, " except where the claim is founded upon any fraud or fraudulent breach of trust to which the trustee was party or privy,...previously received by the trustee and converted to hie use." ACTION BY SURGEONS OR OTHER MEDICAL PRACTITIONERS. The following are the statutes which relate...
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A Treatise on Power of Sale Under Mortgages of Realty: With Appendix of ...

Alfred Taylour Hunter - 1892 - 418 sider
...claiming through 59i?.I'a'i].^ im ' except where the claim is founded upon any fraud or fraudulent breach of trust to which the trustee was party or privy,...converted to his use, the following provisions shall apply : — [Imp. Act, ° J r O ' • [As to application of statutes of limitation to surplus, see *M/,ra...
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Forms of Judgments and Orders in the High Court of Justice and ..., Volum 2

Sir Henry Wilmot Seton - 1893 - 1080 sider
...Statute of Limitations applies, "except where the claim is founded upon any fraud or fraudulent brt'iich of trust, to which the trustee was party or privy,...retained by the trustee, or previously received by him and converted to his use," the Deft is enabled " to plead the lapse of time as a bar in the like...
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Shelford's Real Property Statutes: Comprising the Principal Statutes ...

Leonard Shelford, Thomas Henry Carson - 1893 - 944 sider
...where the claim is Limitations founded upon any fraud or fraudulent breach of trust to which S^^| by the trustee was party or privy, or is to recover trust property, or trustees, the proceeds thereof still retained by the trustee, or previously received by the trustee...
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