Outline of the Law of Trusts, Prepared for the Use of Students
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J. Eq., 130, reversed on other grounds, Id., 573. But not in other instances. Foose v.
Whitmore, 82 N. Y, 405; Davis v. Mailey, 134 Mass., 588.
Precatory trusts are not properly classified as implied trusts.
A precatory trust is not based on the acts of the parties, but on the language of an instrument, considered by the court, after due interpretation, to express an intention to create a trrust. Such trusts are as truly express trusts as if the intent was plain without interpretation.
b. Trans...fer of Property.
Necessity. It is said that equity will not aid a volunteer.
This means that equity will not declare a trust for the benefit of a volunteer, but if a trust is completely created equity will 26 enforce it, even at the instance of a volunteer. Ellison v.
Ellison, 6 Ves., 656, 1 White & Tudor, *291; Van Cott v.
Prentice, 104 N. Y., 45.
In the case of voluntary settlements the question whether a trust is completely created or the settlement otherwise com- pletely effected becomes therefore important.
What to read after Outline of the Law of Trusts, Prepared for the Use of Students?
You can find similar books in the "Read Also" column, or choose other free books by Woolley, George Ingalls to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
J. Eq., 130, reversed on other grounds, Id., 573. But not in other instances. Foose v.
Whitmore, 82 N. Y, 405; Davis v. Mailey, 134 Mass., 588.
Precatory trusts are not properly classified as implied trusts.
A precatory trust is not based on the acts of the parties, but on the language of an instrument, considered by the court, after due interpretation, to express an intention to create a trrust. Such trusts are as truly express trusts as if the intent was plain without interpretation.
b. Trans...fer of Property.
Necessity. It is said that equity will not aid a volunteer.
This means that equity will not declare a trust for the benefit of a volunteer, but if a trust is completely created equity will 26 enforce it, even at the instance of a volunteer. Ellison v.
Ellison, 6 Ves., 656, 1 White & Tudor, *291; Van Cott v.
Prentice, 104 N. Y., 45.
In the case of voluntary settlements the question whether a trust is completely created or the settlement otherwise com- pletely effected becomes therefore important.
What to read after Outline of the Law of Trusts, Prepared for the Use of Students?
You can find similar books in the "Read Also" column, or choose other free books by Woolley, George Ingalls to read onlineMoreLess
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