Outline of the Law of Trusts : Prepared for the Use of Students in the Brooklyn Law School of St. Lawrence University

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The Bishop of Durham, 10 Ves., 523; Ames' Cases on Trusts, 195-197, 200.
Wood V. Keyes, 8 Paige, Ch., 365.
Hopkins v. Grimshaw, 165 U. S., 342, 353-357.
Edson V. Bartow (Fairchild v. Edsoh), 154 N".
Y., 199, at p. 222.
62 A question often arises whether heirs or residuary devi- sees or legatees and in England whether heirs or personal representatives are entitled to the property in such a case.
For a discussion see: 1 Perry on Trusts, See. 160a, and notes.
B. Constructive Trusts.
Constructive t
...rusts are defined under the head of "Clas* ifieation", ante. They are divided into two classes, those which arise out of fraud and those which arise in the ab- sence of fraud.
1. Constructive Trusts Arising Out of Fraud.
One of the chief functions of a court of equity is to re- lieve againsc fraud. If by means of fraud a person has obtained title to or an interest in property, equity will declare him a trustee of such title or interest for the bene- fit of the person defrauded, and decree a conveyance.


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