Equity XXVI

14) Equity is equality. When there is nothing to indicate otherwise equity will divide any funds equally among all those who are entitled to it. In Burrough v Philcox the testator left the proceeds of his trust to any relative his child should nominate, and his child died without nominating any relatives and when the matter was brought before the courts it was held that the proceeds should be divided equally among all those who are entitled to it.  However, if such a division was not possible that the proceeds would not be divided because it is clearly not what the settlor would have intended see McPhail v Doulton.

Copyright © 2019 by Dyarne Jessica Ward

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