Laura has really been going to town with the posts on her site.  There is the one below, on February 9, 2016 and one she copied from this site.  I am the uncredited person who rekeyed the article, which will be posted here in a few minutes.  
Below Laura is, again, worried about where the money went.  You would think living with Alex for this long would have answered any questions she had. 
Tuesday, February 9, 2016
When will a person who assists a trustee to commit a breach of trust be liable as a constructive trustee
218
 THE MODERN LAW REVIEW [Vol. 50 (2) When will a recipient of trust 
property transferred in breach of trust be liable as a constructive 
trustee? At least two possible types of claim may lie against such a 
recipient.8 If the property is still in the recipient’s hands in a 
traceable form, the claimant may bring an in rem tracing claim 
enforceable by means of a lien. Such a claim will fail if the recipient 
was a bona fide purchaser without notice, or if the property has become 
untraceable. Whether or not such a claim will lie, the recipient may be 
liable in the alternative to an in personam claim as a constructive 
trustee on the grounds of knowing r e ~ e i p t . ~ The point of 
contention is whether constructive notice or actual knowledge on the 
part of the recipient is necessary before liability will be imposed.’O 
On this point, the three cases are not unanimous. Re Montagu’s 
Settlements In 1923, Viscount Mandeville, who was entitled in remainder 
to a large collection of chattels (in which his father, the 9th Duke of 
Manchester, had a life interest), assigned his interest to two trustees.
 Under the terms of the trust, the trustees were, on the death of the 
9th Duke, to select such of the chattels as they in their absolute 
discretion thought fit, for inclusion in a settlement. Those chattels 
would be held on the same trusts as the lands to which Viscount 
Mandeville would become entitled on the death of his father. Any 
chattels not so selected were to be held for Viscount Mandeville 
absolutely. The 9th Duke died in 1947 and Viscount Mandeville succeeded 
to the Dukedom. By then both the trustees and the 10th Duke’s solicitor 
had forgotten the precise terms of the 1923 settlement. No selection of 
chattels was ever made, and all parties assumed in good faith that the 
10th Duke was entitled to them absolutely. Many were sold by him in 
1949, and the rest shipped to Kenya where the Duke had taken up ~~~ ~~ *
 There is a third possibility. Should a personal representative pay 
money from the estate to someone not entitled to it. any next of kin, 
legatee or creditor of the estate may bring an in personam claim to 
recover that payment from the recipient: Ministry of Health v. Simpson 
(19511 A.C. 251. A claim of this kind was pleaded both in Re Montagu and
 in Lipkin Gorman. In each case, it was doubted whether such a claim lay
 in respect of dispositions made by a trustee of an inter viwos trust. 
In the former, the claim was stood over, and in the latter dismissed, 
because the plaintiff had not pursued his claim against the defaulting 
trustee first. MAR.19871 NOTES OF CASES 219 220 THE MODERN LAW REVIEW 
[Vol. 50 the trustees. Even if the doctrine of imputed notice did apply,
 the Duke would not thereby have been fixed with notice.’] Two themes 
underpin Megarry V.-C.’s judgment. The first is a unitary view of the 
basis of liability as a constructive trustee for intermeddling. All 
forms of such liability depend upon there being some “want of probity” 
on the part of the alleged trustee. This view derives from certain 
passages in Carl Zeiss Srifrung v. Herbert Smirh & Co. (No.2).12The 
second theme is that the concept of notice with its overtones of being 
put upon inquiry had no place where a donee rather than a purchaser was 
involved. Megarry V.-C. laid great stress on a passage in Re DiplockI3 
to this effect. These two distinct points are interwoven and treated as 
one in the judgment. With some diffidence, it is suggested that although
 the result of the case is plainly correct, the reasoning is open to 
doubt: (i) Historically, liability for knowing receipt grew up 
inextricably with the in rem liability to a tracing claim with no 
differentiation between the threshold of knowledge that was required for
 each.14 (ii) There is some authority that imputed notice will suffice 
for liability for knowing re~eipt,’a~nd a number of decisions where a 
wholly honest recipient of trust property has been held liable as a 
constructive trustee because of a failure to make inquiries or to draw 
inferences from facts.I6 John v. Dodwell and Company, Lrd.17 is a case 
in point. The respondents’ manager drew cheques on their account to pay 
for shares which he had purchased for himself from the appellant broking
 firm. The appellants then paid over the moneys so received (after 
deduction of commission) to the sellers. The appellants received the 
payments honestly but with notice from the face of the cheques that the 
moneys did not belong to the manager. The Privy Council held the Megarry
 V.-C. found that the Duke had notice of the terms of the 1923 
settlement. It does not follow that the Duke had notice that a breach of
 trust had been committed. l2 (19691 2 Ch. 276, 298, Sachs L.J.; 301, 
Edmund Davies L.J.-cf. Danckwerts L.J. at p.290. In both judgments in Re
 Monragu, Megarry V.-C. expressed the view obiter that constructive 
notice would not suffice for liability for knowing assistance. I’ (19481
 Ch. 465, 478-479. I‘ Hill v. Simpson (1802) 7 Ves. 152 and M’Leod v. 
Drummond (1810) 17 Ves. 152, both tracing cases, were influential in the
 early evolution of knowing receipt; see, e.g., Keane v. Robarts (1819) 4
 Madd. 332, and Wilson v. Moore (1834) 1 My. & K. 337. Is Midgley v.
 Midgley [1893] 3 Ch. 282, 303-304, Lopes L.J.; John v. Dodwell and Co. 
Lid. [1918] A.C. 563, 569, Viscount Haldane. l6 Bryson v. The Warwick 
and Birmingham Canal Company (1853) 4 De G.M. & G. 711; Mayor and 
Corporation of Berwick v. Murray (1856) 26 L.J.Ch. 201; Gray v. Lewis 
(1869) L.R. 8 Eq. 526; Reckilt v. Barnerr, Pembroke and Slarer, Lrd. 
(19291 A.C. 176; Belmonr Finance Corporation Lrd. v. Williams Furniture 
Lid. (No.2) (198Ol 1 All E.R. 393; and Nelson v. Larholt [1948] 1 K.B. 
339 (a case of wilful shutting of eyes?). See too Rolled Sreel Products 
(Holdings) Ltd. v. Brirish Sreel Corporation (19863 Ch. 246, 298, Slade 
L.J.; 303, Browne-Wilkinson L.J. I’ [1918]
 
 
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