Commentary

31 Notice before trust fund is in hand

CHOSES IN ACTION vol 7
| Commentary

31 Notice before trust fund is in hand

| Commentary

31 Notice before trust fund is in hand

An assignee of the beneficial interest in a possible trust fund1, by giving notice to possible trustees before the trust fund has reached their hands, does not acquire priority over a later assignment of which notice is given after the fund actually reaches their hands. A notice before the fund is received by the trustees is of no value, for the assignments rank in order of notice given after the fund is received2.

It has, however, been held that, in the case of a fully constituted trust, where

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