De Fazio v De Fazio and another

Trusts and trustees – Breach of trust. Court of Session: In an action in which the pursuer sued his brother, contending that he had borrowed from trust funds in breach of trust, the court held that the pursuer had consented to the money being loaned to the defender, his fellow trustee and beneficiary, and he could not subsequently complain that what had been done with his consent amounted to a breach of duty.

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