Gilbert D Millspaugh Vs Thos C Mcewen Milton Mcewen And the Trustees of the

Cover Gilbert D Millspaugh Vs Thos C Mcewen Milton Mcewen And the Trustees of the
Gilbert D Millspaugh Vs Thos C Mcewen Milton Mcewen And the Trustees of the
Gilbert D Millspaugh
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"A resulting trust is never raised unless the money of the cestui que trust was used in the purchase in which the trust is claimed. " Holmes vs. Holmes, 44 Ills. 168. "A resulting trust can not be created by a contract or agree- ment. If a trust of any kind is created by contract, it will be express and not a resulting trust. " Ib. , 168. 45 A trust can only arise in favor of a party who pays the whole or some definite part of the purchase money, at the time the purchase is made. Alexander vs. ...Trainee, 13 Ills. '221; Ibid. , Perry vs. Me Henry, 227. WlUiums vs. Broini, 14 Ills. 201. Loo in in vs. Loom is, 28 Ills. 454. Walter vs. Klock et al, , 55 Ills. 362. "To establish a resulting trust, the money of the cestiu que trust must be used in the purchase of the property of which the trust is claimed to exist. Such a trust can not be created by agreement or contract. " Remington vs. 'Gampbell, 60 111. 516. The legislatures of New York, Michigan and Wisconsin pro- vided by statutes that no resulting trust should exist except where the title was taken without the knowledge or consent of the party furnishing the consideration.

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