Carrington v Wallace

The matter before the court involved an application by the plaintiffs, who were beneficiaries of an estate, to remove the executors of the will and for an order for the sale of property. The executors had sold estate property to one of the executors, which was alleged to breach the rule against self-dealing and constitute a breach of trust. The plaintiffs sought relief under the Succession Act and in equity. The defendants, the executors, argued that the sale was authorised by the will and that the beneficiaries had consented to the sale. The court was required to determine whether the executors' sale of the estate property was authorised by the will, whether the beneficiaries had consented to the sale, and whether the beneficiaries had made an election in respect of the breach of trust by the executors.

The court held that the executors' sale of the estate property was not authorised by the will, and therefore constituted a breach of trust. However, the court found that the beneficiaries had consented to the sale, and had therefore elected to affirm the trust. As a result, the plaintiffs were not entitled to relief. The court held that the beneficiaries had made an election to affirm the trust, and that restitutio in integrum was not possible. The court held that the plaintiffs were not entitled to the relief they sought.

The court dismissed the application and ordered that the plaintiffs pay the costs of the defendants. The court held that the executors had not acted in breach of their fiduciary duties, and that the beneficiaries had made an election to affirm the trust. The court held that the plaintiffs were not entitled to the relief they sought, and that the application should be dismissed. The court held that the defendants were entitled to their costs of the proceeding.