Edmond v. Blaikie and Anderson

Subject_1 Trust Subject_2 Intromission after Recal of Trust Subject_3 Liability of Trustees. Facts: Held that notwithstanding a clause of indemnity in a trust-deed, trustees acting under it who had been superseded and called upon to count and reckon and denude were liable in exact diligence for subsequent intromissions with the estate.

For the reasons which have now been adverted to, the Lord Ordinary has been unable to resist the conclusion that in law the defender Sir Alexander Anderson, as well as Mr John Blaikie, is liable for the trust-funds which were in the hands, or under the control, of Messrs Blaikie at the time of their failure. He may add, however, that he has come to this conclusion with reluctance, if not with difficulty, in regard to Sir Alexander Anderson, as it does not appear that he is chargeable with any positive act or acts of personal delinquency in the matter.”