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11 TABLE OF CONTENTS. PART III.—IMPLIED TRUSTS. A. Resulting Trusts. PAGE XII.—Eesulting Trust when no Trust declared, &c. . . 89 XIII.—Eesulting Trust on Purchase in Name of another .. 96 XIV.—Eesulting Trust on Joint Purchase or Mortgage . . 102 XV.—Eesulting Trust where purpose of Transfer illegal . . 105 B. Constructive Trusts. XVI.—Constructive Trust when Trustee or Part Owner gains advantage from his position as such . . . . 107 XVII.—Agents Constructive Trustees in certain cases . . 112 XVIII.—Constructive Trust where Legal and Beneficial Interest not in same Person . . . . . . ..116
INTRODUCTORY. THE term "trust" has acquired two distinct significations among both lawyers and laymen. In the old sense of the word it denotes a disposition of property involving the separation of the control over the property from the beneficial enjoyment of it—the distinction between legal and equitable ownership. Of late it has come to be applied also to the great commercial combinations of a corporate character established for the purpose of secur ing a monopoly in some trade or business. This is an Americanism (see the Century Dictionary, s. v.) which, however, seems to have taken root throughout the English-speaking world. In this thesis the word is used in its older sense only. Of trusts in this sense English law makes a distinc tion between those created for private purposes and those created for public or charitable purposes. Several of the rules of law applicable to private trusts have been relaxed in favour of the last-named species, while they are also regulated, in many respects, by the provisions of special statutory enactments. These are excluded from consideration in this thesis, which is confined to private trusts alone. The law of trusts belongs to the department of jurisprudence known as that relating to "primary" or
Page 2: UNIVERSITY OF LONDON INSTITUTE OF A
Page 7 and 8: A THESIS UPON THE DEFINITION, CLASS
Page 9: TABLE OF CONTENTS. PAOK INTRODUCTOR
Page 13 and 14: Part L—TBUSTS IN GENEBAL. CHAPTEE
Page 15 and 16: DEFINITION OF A TRUST. 3 active or
Page 17 and 18: DEFINITION OF A TEUST. 5 owner. Thi
Page 19 and 20: DEFINITION OF A TEUST. 7 Mr. Justic
Page 21 and 22: DEFINITION OF A TRUST. 9 courts the
Page 23 and 24: DEFINITION OF A TRUST. 11 since the
Page 25 and 26: CLASSIFICATION OF TRUSTS. 13 constr
Page 27 and 28: CAPACITY OF PARTIES. 15 CHAPTEE III
Page 29 and 30: CAPACITY OF PARTIES. 17 The sanctio
Page 31 and 32: CAPACITY OF PARTIES. 19 party to it
Page 33 and 34: CAPACITY OF PARTIES. 21 Lunacy also
Page 35 and 36: THE TRUST PROPERTY. 23 CHAPTER IV.
Page 37 and 38: THE TRUST PROPERTY. 25 expectancy o
Page 39 and 40: CREATION OF EXPRESS TRUSTS OF LAND.
Page 41 and 42: CREATION OF OTHER EXPRESS TRUSTS. 2
Page 49 and 50: RULES DETERMINING INTENTION TO CREA
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RULES DETERMINING INTENTION TO CREA
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RULES DETERMINING INTENTION TO CREA
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ENFORCEABILITY OF EXPRESS TRUSTS. 5
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ENFOECEABILITY OF EXPRESS TRUSTS. 5
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DISCLAIMER OF EXPRESS TRUST, 61 CHA
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DISCLAIMER OF EXPRESS TRUST. 63 hav
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CONSTRUCTION OF EXPRESS TRUSTS. 65
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CONSTRUCTION OF EXPEESS TRUSTS. 71
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INVALIDATING CAUSES. 75 CHAPTER XI.
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INVALIDATING CAUSES. 77 Guardian an
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INVALIDATING CAUSES. 79 upon good (
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INVALIDATING CAUSES. 81 ment is not
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INVALIDATING CAUSES. 83 UNLAWFUL PU
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INVALIDATING CAUSES. 85 7. Testator
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INVALIDATING CAUSES. 87 Immoral Tru
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RESULTING TRUSTS. 89 Part IIL—IMP
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RESULTING TRUSTS. 91 to give the tr
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RESULTING TRUSTS. 93 satisfied with
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RESULTING TRUSTS. 95 tion of A.'s e
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RESULTING TRUSTS. 97 or successive,
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RESULTING TRUSTS. 99 4. Copyhold la
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RESULTING TRUSTS. 101 Lastly, if A.
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RESULTING TRUSTS. 103 It does not s
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RESULTING TRUSTS. 105 CHAPTER XV.
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CONSTRUCTIVE TRUSTS. 107 B.—Const
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CONSTRUCTIVE TRUSTS. 109 quences of
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CONSTRUCTIVE TRUSTS. Ill (1857), 8
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CONSTRUCTIVE TRUSTS. 113 40 Ch. D.
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CONSTRUCTIVE TRUSTS. 115 4. A. and
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CONSTRUCTIVE TRUSTS. 117 The follow
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