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Keech v Sandford

[1726] Sel Cas t King 61

Case summary last updated at 24/02/2020 14:24 by the Oxbridge Notes in-house law team.

Judgement for the case Keech v Sandford

A trustee sought to renew a lease of a market that he held on trust for an infant which otherwise would run out before the infant’s majority. Landlord refused, but was happy for the trustee himself to take up the lease. The trustee took up the lease himself. The court held that trustees who held leases for an infant were not allowed to take up the lease themselves lest no leases would ever be renewed (trustees would simply fail to renew even where possible and take up the lease themselves). Therefore the trustee had to disgorge his profits to the infant which he held as a constructive trustee for the infant.-Lord King LC

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