Edward J. Stopford Blair and Others (Maxwell's Trustees) v. Mr and Mrs Heron Maxwell

Subject_1 Trust Subject_2 Trusts Acts 1861 and 1867 Subject_3 Resignation of Trustees Subject_4 Judicial Factor. Facts: A body of trustees under a marriage-contract being, desirous of resigning, and being unable to find new trustees who were willing to be assumed, presented a petition for the appointment of a judicial factor. Some of the beneficiaries objected, but held that the action of the trustees was competent.

Mr Stopford Blair and others, trustees under the marriage-contract of Mr and Mrs Heron Maxwell, being desirous of resigning their office, presented a petition to the Court, praying for the appointment of a judicial factor and the discharge of themselves. To this Mr and Mrs Maxwell lodged answers, in which they objected to the appointment of a judicial factor as a needlessly expensive way of managing the trust property, and objected also to the discharge of the trustees without an accounting.

Note .—The Lord Ordinary cannot help thinking that the conduct of the respondents in this case has been somewhat unreasonable, and that they have thrown undue obstruction in the way of the petitioners' resignation.

The Lord Ordinary therefore came to the conclusion that the petition was competent, and that the petitioners were all entitled to resign.

Note .—Assuming the Lord Ordinary to be right in the views expressed in his note of 7th current, it seems to follow that he must appoint a judicial factor. The petitioners are entitled to resign. They cannot resign without previously obtaining the appointment either of new trustees or of a judicial factor. New trustees willing to accept cannot be had, so that the appointment of a judicial factor is the only alternative.”