Mara V Browne
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Mara V Browne
''Mara v Browne'' 895is a Court of Chancery case author, rticle_link "Great Britain. Courts" ''Butterworth'', 1896. https://books.google.com/books?id=CBRHAQAAMAAJ Retrieved 11/30/2017. that dealt with liability as a constructive trustee ultimately ruling that, "if one, not being a trustee and not having authority from a trustee, takes upon himself to inter-meddle with trust matters or to do acts characteristic of the office of trustee, he may therefore make himself what is called in law trustee of his own wrong - i.e., a trustee de son tort, or, as it is also termed, a constructive trustee" Facts By a settlement made in 1875 on the marriage of the plaintiff, Ellen Jane Reeves ee Walker with Harold Reeves, certain securities belonging to the wife were transferred to trustees upon trust to invest and pay the income to the wife during the joint lives of herself and her husband for her separate use, without power of anticipation, and after her death, if the husband should survi ...
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Lord Herschell
Farrer Herschell, 1st Baron Herschell, (2 November 1837 – 1 March 1899), was Lord High Chancellor of Great Britain in 1886, and again from 1892 to 1895. Life Childhood and education Herschell was born on 2 November 1837 in Brampton, Hampshire. His parents were Helen Skirving Mowbray and the Rev. Ridley Haim Herschell, who was a native of Strzelno, in Prussian Poland. When Ridley was a young man, he converted from Judaism to Christianity and took a leading part in founding the British Society for the Propagation of the Gospel Among the Jews. He eventually settled down to the charge of a Nonconformist chapel near the Edgware Road, in London, where he ministered to a large congregation. Farrer was educated at a grammar school in South London and attended lectures at the University of Bonn as a teenager, where his family lived for six months in 1852. In 1857 he took his BA degree with honours in Greek and mathematics at University College London, University of London, receiv ...
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Archibald Levin Smith
Sir Archibald Levin Smith (26 August 1836 – 20 October 1901) was a British judge and a rower who competed at Henley and in the Oxford and Cambridge Boat Race. Biography Smith was the son of Francis Smith, J.P. of Salt Hill, Chichester and his wife Mary Ann Levin. He was baptised at New Fishbourne, West Sussex although his mother was the daughter of a Polish-Jewish immigrant. He was educated at Eton and Trinity College, Cambridge. He suffered from the pituitary disorder, acromegaly, which caused him to grow to nearly tall. Athletic as well as tall, he rowed for Cambridge in the Oxford and Cambridge Boat Race in the 1857, 1858 and 1859 races. Oxford won in 1857 and Cambridge in 1858. In 1858 he was in the winning crews at Henley Royal Regatta in the Grand Challenge Cup with the C.U.B.C. and in the Visitors Challenge Cup and the Wyfold Challenge Cup with First Trinity Boat Club. In the 1859 Boat Race "the race was rowed in a gale of wind, and the Cambridge boat fill ...
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John Rigby (politician)
Sir John Rigby, PC (8 January 1834 – 26 July 1903), was a British judge and Liberal politician who sat in the House of Commons between 1885 and 1894. Background and education Rigby was born in Runcorn, Cheshire, the son of Thomas Rigby of Halton, Cheshire, and his wife Elizabeth Kendal. He attended Liverpool College before going to Trinity College, Cambridge in 1853. He graduated as Second Wrangler in 1856, also being placed second for the Smith's Prize. He became a fellow of Trinity in 1856 and was called to the Bar at Lincoln's Inn in 1860. Legal career The story of how Rigby came to the Bar may be found on pg. 120 of the 1958 memoir “B-berry and I Look Back”, by Dornford Yates. In 1875 Rigby was appointed junior counsel to the Treasury. In 1881 he "took silk", becoming a Queen's Counsel. He distinguished himself as an advocate, and was frequently involved in bringing appeals to the judicial committee of the House of Lords. Rigby was twice briefly a Liberal Party Membe ...
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Court Of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over all matters of equity, including English trusts law, trusts, English property law, land law, the estates of Mental illness, lunatics and the guardianship of infants. Its initial role was somewhat different: as an extension of the lord chancellor's role as Keeper of the King's Conscience, the court was an administrative body primarily concerned with conscientious law. Thus the Court of Chancery had a far greater remit than the common law courts, whose decisions it had the jurisdiction to overrule for much of its existence, and was far more flexible. Until the 19th century, the Court of Chancery could apply a far wider range of remedies than common law courts, such as specific performance and injunctions, and had some power to grant damage ...
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Trustee
Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, is a synonym for anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility to transfer the title of ownership to the person named as the new owner, in a trust instrument, called a beneficiary. A trustee can also be a person who is allowed to do certain tasks but not able to gain income, although that is untrue.''Black's Law Dictionary, Fifth Edition'' (1979), p. 1357, . Although in the strictest sense of the term a trustee is the holder of property on behalf of a beneficiary, the more expansive sense encompasses persons who serve, for example, on the board of trustees of an institution that operates for a charity, for the benefit of the general public, or a person in the local government. A trust can be set up either to benefit particular persons, or for any charitable purposes (but not generally for non-charitable ...
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Officious Intermeddler
An officious intermeddler is a person who voluntarily, and without request or pre-existing legal duty, interjects him- or herself into the affairs of another, and then seeks remuneration for services or reimbursement. Example: Person "A" leaves for vacation for two weeks during the summer. Person "B" mows "A"s lawn. "B" requests payment for this service. Under common law doctrine, "B" is not entitled to any payment from "A" beyond whatever "A" cares to give. If B tries to coerce payment, B is an officious intermeddler. Emergencies An exception to this rule, however, is if a doctor gives medical treatment to an unconscious victim. Although the unconscious person did not ''request'' the doctor's services, a court may deem it reasonable for the doctor to presume that such services would be desired by the person, had they been conscious. Quasi-contracts Another exception to this rule, in certain jurisdictions, is the existence of a quasi-contract. In general, in order for a contract t ...
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Trustee De Son Tort
A trustee de son tort is a person who may be regarded as owing fiduciary duties by a course of conduct that amounts to a wrong, or a tort. Accordingly, a trustee de son tort is not a person who is formally appointed as a trustee, but one who assumes such a role, and then cannot be heard to argue that he did not owe fiduciary duties. Overview The courts may hold a person a constructive trustee instead of prosecuting and, thereby, impose the liabilities of an actual trustee in accounting for his or her acts. ''Lewin on Trusts'' says at 42-74: Thomas and Hudson's ''The Law on Trusts'' says at para 30.03: A "trustee de son tort" is to be contrasted with a delegate who is appointed by a trustee to undertake certain functions: such a person derives his authority from the trustee and is entitled to act in accordance with the delegated authority without himself becoming a trustee. A delegate, in such circumstance, has done no "wrong" and is not intermeddling in the trust and so does n ...
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Security (finance)
A security is a tradable financial asset. The term commonly refers to any form of financial instrument, but its legal definition varies by jurisdiction. In some countries and languages people commonly use the term "security" to refer to any form of financial instrument, even though the underlying legal and regulatory regime may not have such a broad definition. In some jurisdictions the term specifically excludes financial instruments other than equities and Fixed income instruments. In some jurisdictions it includes some instruments that are close to equities and fixed income, e.g., equity warrants. Securities may be represented by a certificate or, more typically, they may be "non-certificated", that is in electronic ( dematerialized) or "book entry only" form. Certificates may be ''bearer'', meaning they entitle the holder to rights under the security merely by holding the security, or ''registered'', meaning they entitle the holder to rights only if they appear on a secur ...
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Solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings. In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called '' attorneys'') and the Republic of Ireland, the legal profession is split between solicitors and barristers (called ''advocates'' in some countries, for example Scotland), ...
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Kynaston Reeves
Philip Arthur Reeves (29 May 18935 December 1971), known professionally as Kynaston Reeves, was an English character actor who appeared in numerous films and many television plays and series. Early life Reeves was born in London on 29 May 1893 and was the first of two sons of Arthur Robert Reeves (born 1855) and Clarissa Mary Kynaston (b. 1864). His brother was John Edward. He was married to the Australian Jewish stage actress Paula Sabina. They had two children, Thomas and Suzanne. Career Philip Arthur Reeves, professionally known as P. Kynaston Reeves or Kynaston Reeves, took his mother's maiden name as a middle name when commencing his film career with a small part in the 1931 film ''Many Waters'', before dispensing with the prefixed initial. He believed that having a name that reminded directors of the famous actor Edward Kynaston would help him to get work. In 1932, he progressed to a supporting role, playing an editor called Bob Mitchell alongside Ivor Novello and Jac ...
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Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every c ...
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Ford North
Sir Ford North (10 January 1830 – 12 October 1913), was an English lawyer and judge. Biography North was born in Liverpool. He was the eldest son of John North, a solicitor, and Ellen Haworth. In 1857, he married Elizabeth William Mann."Obituary," ''The Straits Times'', 14 October 1913, p. 9. North was educated at Winchester College and then University College, Oxford. He began his legal studies at the Inner Temple in 1853, and was called to the Bar in 1856. Practising as a barrister, he was named Queen's Counsel in 1877, and was elected a bencher in 1881. He was appointed a judge of the High Court of Justice in 1881, and was knighted. North was sworn in before the Lord Chancellor, Lord Selborne, at his country residence, Blackmoor, Petersfield. Justice North sat originally in the Queen’s Bench Division of the High Court, where he presided over the blasphemy trial of George William Foote; when he sentenced Foote to a lengthy term of imprisonment, Foote responded "My Lord ...
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