Rule in Allhusen v Whittell
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High Quality Content by WIKIPEDIA articles! Allhusen v. Whitell (1867) LR 4 Eq 295 is an English trusts law case which lays down a rule of equity which requires the trustee of a trust to strike a fair balance between the beneficiaries who are tenants for life and those who are remaindermen in respect of payment of the debts of an estate. The life tenant under a will is entitled to income earned after the testator's death, but it often takes some time to ascertain and settle all of those debts. In the meantime the assets of the estate are earning income for tenant for life, whereas the life ten...
High Quality Content by WIKIPEDIA articles! Allhusen v. Whitell (1867) LR 4 Eq 295 is an English trusts law case which lays down a rule of equity which requires the trustee of a trust to strike a fair balance between the beneficiaries who are tenants for life and those who are remaindermen in respect of payment of the debts of an estate. The life tenant under a will is entitled to income earned after the testator's death, but it often takes some time to ascertain and settle all of those debts. In the meantime the assets of the estate are earning income for tenant for life, whereas the life tenant should only receive income from the estate net of the debts; the rule in Allhusen v White requires that the life tenant to make a contribution.
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