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agreement Allen Appeal apply appoint arise authorities Bank Barb Beav beneficial benefit Brown cestui que trust child circumstances Clark confidence Conn consideration constructive contract convey conveyance corporation court court of equity created death declaration decree deed devise direct effect enforce equity established evidence executed express fact fraud funds gift give given grant grantor Hare heirs held Hill hold husband implied intention interest Iowa Johns Johnson Jones jurisdiction land legal title Lord Mass Matter Moore N. J. Eq nature necessary notice paid Paige parol parties Penn person proved purchase question reason relation resulting trust rule settlement settlor Smith statute sufficient Taylor tion transaction transfer unless valid Vern voluntary White wife Wood writing
Page 740 - In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, a fiduciary shall exercise the judgment and care under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital.
Page 73 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 189 - The clear result of all the cases, without a single exception, is, that the trust of a legal estate, whether freehold, copyhold, or leasehold; whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser; whether in one name or several; whether jointly or successive, — results to the man who advances the purchase money.
Page 505 - ... shall have in use, trust or confidence, of or in the same ; and that the estate, title, right and possession, that was in such person or persons, that were or...
Page 351 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the confiding party, the person so availing himself of his position will not be permitted to retain the advantage, although the transaction could not have been impeached if no such confidential relation...
Page 112 - ... have done everything which, according to the nature of the property comprised in the settlement, was necessary to be done in order to transfer the property and render the settlement binding upon him. He may of course do this by actually transferring the property to the persons for whom he intends to provide, and the provision will then be effectual, and it will be equally effectual if he transfers the property to a trustee for the purposes of the settlement, or declares that he himself holds...
Page 505 - ... be from henceforth clearly deemed and adjudged to be in him or them that have, or hereafter shall have, such use, confidence, or trust, after such quality, manner, form and condition, as they had before, in or to the use, or confidence, or trust that was in them.
Page 73 - That all grants and assignments of any trust or confidence shall likewise be in writing, signed by the party granting or assigning the same, or by such last will or devise, or else shall likewise be utterly void and of none effect.
Page 504 - ... where any person or persons stand, or be seised, or at any time hereafter shall happen to be seised of and in any honours, castles, manors, lands, tenements, rents, services, reversions, remainders, or other hereditaments, to the use, confidence, or trust of any other person or persons...