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action apply appointment arise assets Att.-Gen Bank pic Beav beneficial interest beneficiaries benefit Borough Council breach of trust capital Ch.D Charities Act 1993 claim claimant common law constructive trust contract Conv Court of Appeal covenant creditors damages death decision declaration defendant delegation discretion discretionary trust doctrine duty effect enforce entitled equitable interest equity executors exercise favour fiduciary fraud fund gift granted held House of Lords ibid income intention investment jurisdiction legal estate liability licence London Borough Lord Cairns Lord Denning ment payment perpetuity person Peter Millett principle proprietary purchaser purpose trusts question reason remedy restrain resulting trust rule Sched secret trust Settlement Trusts settlor shares solicitor specific performance statutory supra tenant testator testator's third party tion transaction transfer Trust Law International trust property Trustee Act 1925 Trustee Act 2000 Trusts of Land vested void