2DS 1996/26

IN THE HIGH COURT OF JUSTICE OF THE ISLE OF MAN
STAFF OF GOVERNMENT DIVISION

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Between:

WILLIAM ROBERT STEWART KATZ

Appellant

and

GEORGE RAMSEY MARTIN MOORE

Respondent

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Reasons for Judgment

delivered by His Honour B.A. Hytner, Q.C., JUDGE OF APPEAL

at Douglas the 7th day of January 1997.

Mrs Margaret Helen Stewart Katz died in the Isle of Man on the 14th January 1975 leaving a will under which a Trust was set up. There were three trustees; her husband who was the widower, William Ernest Katz; her son William Robert Stewart Katz and an Advocate in the Island a Mr George Ramsey Martin Moore.

In 1981 the two family trustees, that is William Ernest Katz and William Robert Stewart Katz went to live in Canada where William Robert Stewart, having divorced his first wife who remained in the Island and by whom he had two children, re-married having further children.

In 1983, on the 28th October, Mr George Ramsey Martin Moore retired as a trustee. He had considered retiring before. His retirement had actually been requested by the two family trustees at one stage, but in 1983, certainly with the consent of and probably at the request of W.R.S. and W.E. Katz, Mr Moore retired. The procedure for retirement was that a Deed of Retirement was drawn up by another Advocate in the Island, Mr Hanson, instructed by the two family Trustees and the retirement was said to take place pursuant to the provisions of section 38 of the Trustee Act 1961.

This litigation is now ancillary to litigation generally relating to the trust, but the allegation that is now made is that George Ramsey Martin Moore when he retired, retired invalidly and that his retirement was not in accordance with the provisions of the Trustee Act 1961.