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88 EXPRESS TRUSTS. in default of such issue to the use of Charles Henry Gust for the term of ninety-nine years, if he should so long live; remainder to trustees to preserve contingent remainders ; remainder to the use of the heirs male of his body, subject as to all these estates to the provisoes thereinafter contained. One of these was, " that if Lord Alford shall die without having acquired the title of Duke or Marquis of Bridgewater to him and the heirs male of his body, then and in such case the use and estate hereinbefore directed to be limited to the heirs male of his body shall cease and be absolutely void." The judges were called in to advise the House of Lords, and the latter held by a majority of four to one, in accordance with the opinion of two judges against eight, that the limitations were void, as being against public policy; the ratio decidendi being that the limitations "amounted in effect to a gift of pecuniary means to be used in obtaining a peerage, and offered a direct temptation to the improper use of such means, and the improper admission of private motives of interest in political conduct: in short, because in the opinion of the court they had a manifest tendency to the prejudice of good government and the administration of public affairs." (Pollock, Contracts, 7th ed. 317.)
RESULTING TRUSTS. 89 Part IIL—IMPLIED TEUSTS, A.—Resulting Trusts. CHAPTER XII.—RESULTING TRUST WHERE NO TRUST DECLARED, &c. (1) WHERE the owner of property transfers it, but appears not to intend to give the transferee the whole beneficial interest therein, if (a) No trust is expressed by the owner, or (b) The trust expressed by the owner is incapable of being executed, or (c) The trust or other purpose for which the transfer is made by the owner is completely executed without exhausting the property, the transferee holds the property or so much thereof as is unexhausted in trust for the owner or those deriving title through him. (2) Where a transfer of personal property is made by deed without consideration, there is a presumption that the transferee is intended to hold it in trust for the transferor unless a contrary intention appears. (3) The fact that the transferor is the father or husband of, or stands in loco parentis to, the transferee is primd facie evidence that he intends the transferee to take the property beneficially and not in trust. (4) Where the transferee is expressed to take as trustee, or the transfer is by will, verbal evidence is not
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UNIVERSITY OF LONDON INSTITUTE OF A
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A THESIS UPON THE DEFINITION, CLASS
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TABLE OF CONTENTS. PAOK INTRODUCTOR
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INTRODUCTORY. THE term "trust" has
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Part L—TBUSTS IN GENEBAL. CHAPTEE
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DEFINITION OF A TRUST. 3 active or
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DEFINITION OF A TEUST. 5 owner. Thi
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DEFINITION OF A TEUST. 7 Mr. Justic
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DEFINITION OF A TRUST. 9 courts the
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DEFINITION OF A TRUST. 11 since the
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CLASSIFICATION OF TRUSTS. 13 constr
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CAPACITY OF PARTIES. 15 CHAPTEE III
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CAPACITY OF PARTIES. 17 The sanctio
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CAPACITY OF PARTIES. 19 party to it
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CAPACITY OF PARTIES. 21 Lunacy also
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THE TRUST PROPERTY. 23 CHAPTER IV.
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THE TRUST PROPERTY. 25 expectancy o
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CREATION OF EXPRESS TRUSTS OF LAND.
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CREATION OF OTHER EXPRESS TRUSTS. 2
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Page 49 and 50: RULES DETERMINING INTENTION TO CREA
Page 65 and 66: ENFORCEABILITY OF EXPRESS TRUSTS. 5
Page 67 and 68: ENFOECEABILITY OF EXPRESS TRUSTS. 5
Page 73 and 74: DISCLAIMER OF EXPRESS TRUST, 61 CHA
Page 75 and 76: DISCLAIMER OF EXPRESS TRUST. 63 hav
Page 77 and 78: CONSTRUCTION OF EXPRESS TRUSTS. 65
Page 83 and 84: CONSTRUCTION OF EXPEESS TRUSTS. 71
Page 87 and 88: INVALIDATING CAUSES. 75 CHAPTER XI.
Page 89 and 90: INVALIDATING CAUSES. 77 Guardian an
Page 91 and 92: INVALIDATING CAUSES. 79 upon good (
Page 93 and 94: INVALIDATING CAUSES. 81 ment is not
Page 95 and 96: INVALIDATING CAUSES. 83 UNLAWFUL PU
Page 97 and 98: INVALIDATING CAUSES. 85 7. Testator
Page 99: INVALIDATING CAUSES. 87 Immoral Tru
Page 103 and 104: RESULTING TRUSTS. 91 to give the tr
Page 105 and 106: RESULTING TRUSTS. 93 satisfied with
Page 107 and 108: RESULTING TRUSTS. 95 tion of A.'s e
Page 109 and 110: RESULTING TRUSTS. 97 or successive,
Page 111 and 112: RESULTING TRUSTS. 99 4. Copyhold la
Page 113 and 114: RESULTING TRUSTS. 101 Lastly, if A.
Page 115 and 116: RESULTING TRUSTS. 103 It does not s
Page 117 and 118: RESULTING TRUSTS. 105 CHAPTER XV.
Page 119 and 120: CONSTRUCTIVE TRUSTS. 107 B.—Const
Page 121 and 122: CONSTRUCTIVE TRUSTS. 109 quences of
Page 123 and 124: CONSTRUCTIVE TRUSTS. Ill (1857), 8
Page 125 and 126: CONSTRUCTIVE TRUSTS. 113 40 Ch. D.
Page 127 and 128: CONSTRUCTIVE TRUSTS. 115 4. A. and
Page 129 and 130: CONSTRUCTIVE TRUSTS. 117 The follow
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