The Most Noble John Michael Edward, Duke of Somerset DL v Fitzgerald and others

Settlement – Variation. The clamaint's application under the Variation of Trusts Act 1958 to vary the trusts of a settlement made by him was allowed. The Business and Property Courts held, among other things, that it was in the interests of the unborn and unascertained beneficiaries as well as the trust as a whole for the court to approve the conferral of a power on the trustees to enlarge administrative powers, including a power to release or restrict them.

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