How have the courts in Canada and the United States dealt with the issue of the sale of trust property?
Saskatchewan, Canada
The following excerpt is from Lee v. Broley, 1909 CanLII 111 (SK CA):
The matter has been dealt with to some extent, possibly, by the Courts in Ontario. In Scott v. The Trustees of Burgess, 19 U.C.Q.B. 28, it was held that land therein specified and conveyed to school trustees in trust for the purposes of the school could not be sold under execution against them. And in that case, Burns, J., makes some very pertinent and strong remarks which might be held to be on accord with the American authorities. But the land in that case was conveyed to the school trustees in trust, and really all that was decided was that an execution creditor could not divert a trust from the purposes for which it was given and sell trust property to satisfy a debt.
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