Robertson v Allen

The case of Robertson v Allen involved a dispute over the interpretation of a will. The deceased had bequeathed shares to a company, which functioned solely as a trustee of a discretionary trust. The executors were directed to transfer the shares on the tenth anniversary of the testatrix's death, but the beneficiaries argued that the shares were subject to the discretionary trust and that they could call for the transfer earlier. The court had to determine whether the shares were subject to the discretionary trust and if the beneficiaries had the right to call for the transfer of the shares before the tenth anniversary of the testatrix's death.

The legal issues before the court were whether the shares were subject to the discretionary trust and whether the beneficiaries had the right to call for the transfer of the shares before the tenth anniversary of the testatrix's death. The court had to interpret the terms of the will and consider the relevant principles of trust law.

The court held that the shares were subject to the discretionary trust and that the beneficiaries had the right to call for the transfer of the shares before the tenth anniversary of the testatrix's death. The court found that the direction to the executors to transfer the shares on the tenth anniversary did not postpone the passing of beneficial ownership and the right of the donee to call for the transfer earlier. The court also found that there was such a right under the rule in Saunders v Vautier. The court's decision was based on the terms of the will and the relevant principles of trust law.

The court made orders in favour of the beneficiaries, directing the executors to transfer the shares to the beneficiaries in accordance with the terms of the discretionary trust. The court also found that the beneficiaries had the right to call for the transfer of the shares before the tenth anniversary of the testatrix's death.