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The Pamphlet Collection of Sir Robert Stout: Volume 74

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page 31

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Lord Langdale said :—"Trustees are bound to take in all cases [unclear: the] same care of Trust property as a man of ordinary caution would [unclear: make] of his own, if they have done so they will not be liable for any [unclear: ental] loss. And as regards his duties, the utmost diligence [unclear: abseving] the same is his only protection against liability for any loss, andit is only as regards his discretions or discretionary powers that an amount not of diligence equal to what he bestows on his own property will [unclear: t] him from liability. Further, if a Trustee permits the trust [unclear: and] to remain, say, in the hands of a banker for more than a year Testator's death it will be at his risk."—Vide judgment of, in case of Dark v. Martyn.