Re Cavendish Browne [1916] WN 34


  • The settlor covenanted to transfer property to the trustees
  • At the date of her death, she had not transferred real estate in Canada to the trustees
  • The administrators of her will wanted to know whether the value of the real estate should be paid to the trustees by way of damages for breach of covenant

Younger J

  • On the authority of cases (including Re Plumptre and Fletcher), that the trustees were entitled to recover from the plaintiffs substantial damages for breach of the covenant
Covenant to settle cases
Scroll to top