A Treatise on the Law of Trusts and Trustees, Volume 1 |
From inside the book
Results 1-5 of 100
Page 729
... evidence cannot convert a bequest in a will into a trust . An executor is a trustee of the surplus . When a trust is completely created . An agreement upon a valuable and legal consideration will be carried into effect as a trust or a ...
... evidence cannot convert a bequest in a will into a trust . An executor is a trustee of the surplus . When a trust is completely created . An agreement upon a valuable and legal consideration will be carried into effect as a trust or a ...
Page 731
... evidence as to a purchase by an agent not admissible . No resulting trust in a joint purchase . Resulting trusts may be established by parol . May be disproved by parol the burden of proof . Cannot be changed by parol after they arise ...
... evidence as to a purchase by an agent not admissible . No resulting trust in a joint purchase . Resulting trusts may be established by parol . May be disproved by parol the burden of proof . Cannot be changed by parol after they arise ...
Page 736
... be made , and where not . Must be some evidence on which to found the presumption . Is made in favor of an equitable title , not against it . An executor must not allow money to remain under the xxii CONTENTS OF VOL . I.
... be made , and where not . Must be some evidence on which to found the presumption . Is made in favor of an equitable title , not against it . An executor must not allow money to remain under the xxii CONTENTS OF VOL . I.
Page 49
... evidence cannot convert a bequest in a will into a trust . An executor is a trustee of the surplus . § 95. When a trust is completely created . §§ 96-98 . § 97 . An agreement upon a valuable and legal consideration will be carried into ...
... evidence cannot convert a bequest in a will into a trust . An executor is a trustee of the surplus . § 95. When a trust is completely created . §§ 96-98 . § 97 . An agreement upon a valuable and legal consideration will be carried into ...
Page 49
... evidence as well as the statute prevented it . In some other States the statute , or at least the seventh section of the statute , has not been adopted ; and in those States it has been determined that ' Gilbert on Uses , 270 ...
... evidence as well as the statute prevented it . In some other States the statute , or at least the seventh section of the statute , has not been adopted ; and in those States it has been determined that ' Gilbert on Uses , 270 ...
Contents
739 | |
131 | |
132 | |
1 | |
14 | |
19 | |
20 | |
49 | |
210 | |
211 | |
212 | |
213 | |
214 | |
215 | |
216 | |
217 | |
133 | |
135 | |
136 | |
137 | |
139 | |
140 | |
141 | |
142 | |
143 | |
145 | |
168 | |
169 | |
170 | |
171 | |
172 | |
173 | |
174 | |
182 | |
183 | |
206 | |
207 | |
208 | |
209 | |
244 | |
245 | |
246 | |
259 | |
260 | |
263 | |
310 | |
333 | |
338 | |
392 | |
423 | |
445 | |
446 | |
468 | |
470 | |
507 | |
542 | |
653 | |
668 | |
703 | |
704 | |
Other editions - View all
Common terms and phrases
A. K. Marsh agreement Allen Bank Barb Barr Beav beneficial interest benefit Brown cestui que trust circumstances Clark Conn consideration constructive trust contract convey conveyance court of equity create a trust creditors Davis declaration of trust decree deed devise enforce executed executor express trust fact feoffment fiduciary fraudulent Freem funds gift grantee grantor H. L. Cas Hare heirs held hold husband infra intention Iowa Johns Johnson Jones jurisdiction land legal title legatee Mass Minn Moore mortgage N. J. Eq Paige parol party Penn presumption purchase purchase-money real estate resulting trust rule settlement settlor Smith statute of frauds Strob Swanst Taylor Tenn third person tion transaction trust property trust results Vern voluntary Ward Watts wife
Popular passages
Page 708 - 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 49 - 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 183 - 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 507 - ... 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 353 - 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 49 - ... 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 507 - ... 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 49 - 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 506 - ... 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...
Page 506 - ... to all intents, constructions, and purposes in the law, of and in such like estates, as they had or shall have in use, trust, or confidence of or in the same...