50. Rescission of voluntary instruments.

50.     Rescission of voluntary instruments.

In a proper case the court will set aside a voluntary deed executed for the purpose of carrying out trusts declared orally, but which is wholly inconsistent with those trusts1, or which does not carry out the full arrangement, even after the death of the grantee2 or of both the donor and donee3.

Similarly, an appointment will be set aside where the appointor exercises the power in forgetfulness that he has already made an appointment earlier to the same person4, where the power is exercised in ignorance of serious breaches of duty owed