ABSTRACT

The trustees as I see it, have a duty to consider whether or not they are to distribute any and, if so, what part of the fund and if so, to whom they should distribute it ... if therefore, there be no duty to distribute, but only a duty to consider, there is no difficulty in ascertaining whether any given postulant is a member of the specified class. Of course, it can be easily postulated whether John Doe or Richard Roe is or is not eligible to receive the settlor’s bounty. It is not necessary that the trustees worry their heads to survey the world from China to Peru when there are perfectly good objects of the class in England.