A Digest of the Law Relating to Private Trusts And Trustees
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But again the circumstances of the case must be taken into consideration, and ii these go to show that the purchaser did not intend a gift, the mere fact that the purchase is made in the name of a wife or child is not sufficient to rebut the presumption of a resulting trust (/).
It is doubtful whether this presumption of advancement applies in the case of a purchase by a mother in the name of a child, although the better opinion seems to be that it does. It seems to have been assumed that it di...d in Garrett v. Wilkinson (g), and so decided in Sayre v. Hughes (A), and that it did not in In re Be Visme (i) and in Bennet v. Bennet (J), where Sir George Jessel says : " In the case of a father you have only to prove the fact that he is the father, and when you have done that the obligation at once arises ; but in the case of a person in loco parentis you must prove that he took upon himself the obligation. But in our law there is no moral obligation — I do not know how to express it more shortly — no obligation according to the rules of equity — on a mother to provide for her child : there is no such obligation as a court of (/) -Marshal v.
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To quickly assess the difficulty of the text, read a short excerpt:
But again the circumstances of the case must be taken into consideration, and ii these go to show that the purchaser did not intend a gift, the mere fact that the purchase is made in the name of a wife or child is not sufficient to rebut the presumption of a resulting trust (/).
It is doubtful whether this presumption of advancement applies in the case of a purchase by a mother in the name of a child, although the better opinion seems to be that it does. It seems to have been assumed that it di...d in Garrett v. Wilkinson (g), and so decided in Sayre v. Hughes (A), and that it did not in In re Be Visme (i) and in Bennet v. Bennet (J), where Sir George Jessel says : " In the case of a father you have only to prove the fact that he is the father, and when you have done that the obligation at once arises ; but in the case of a person in loco parentis you must prove that he took upon himself the obligation. But in our law there is no moral obligation — I do not know how to express it more shortly — no obligation according to the rules of equity — on a mother to provide for her child : there is no such obligation as a court of (/) -Marshal v.
What to read after A Digest of the Law Relating to Private Trusts And Trustees?
You can find similar books in the "Read Also" column, or choose other free books by Hart, Walter Gray to read onlineMoreLess
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