Re Cavendish Browne [1916] WN 34

Facts

• 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

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