How have the courts dealt with a deed of property to trustees to pay certain valid claims?
Ontario, Canada
The following excerpt is from Macdonald v. Mccall, 1885 CanLII 25 (ON CA):
There is a rather remarkable case of Blenkinsopp v. Blenkinsopp, 12 Beav. 586, before the Master of the Rolls, affirmed by the Lords Justices, 1 DeG. M. & G. 500, shewing the manner in which the court dealt with a deed of property to trustees to pay certain valid claims, and also defeating the claim of the plaintiff, the wife of the settlor. It was declared void as against her, and the decree directed the trustees to pay her claim out of the trust funds.
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