“Secret trusts bind accepting trustees despite non-acceptance by co-trustees”
A testator communicated secret trust instructions to two trustees jointly. One trustee accepted the obligation but the other refused to be bound by it after the testator's death.
Whether a secret trust could be enforced against the accepting trustee when communicated to joint trustees but only accepted by one
Romer J held that the secret trust was enforceable against the trustee who had accepted the obligation
This case clarified the position where joint trustees respond differently to secret trust communications, establishing that acceptance creates individual rather than joint obligations. It remains important for understanding secret trust mechanics with multiple trustees.
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OSCOLA Citation
Re Gardner (No 2) [1923] 2 Ch 230
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