a thesis - Institute of Advanced Legal Studies

96 IMPLIED TRUSTS.
CHAPTER XIII.—RESULTING TRUST ON PURCHASE IN
NAME OF ANOTHER.
(1) SUBJECT as hereinafter mentioned, where property is
transferred to a person or persons other than the person
paying or providing the consideration therefor, whether
for the whole interest purchased or for an interest jointly
with or in succession to him, the transferee or transferees
hold the property in trust for the person paying or providing
the consideration, unless a contrary intention
appears.
(2) The fact that the person paying or providing the
consideration 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.
(3) Verbal evidence is admissible to prove by whom
the consideration is paid or provided, and the intention
with which the transfer is made.
(4) The provisions of paragraph (1) do not apply
where the result would be to defeat the policy of an act
of parliament, nor where an advance of purchase-money
is made by way of loan.
" The clear result of all the cases," said Chief Baron Eyre in
the case of Dyer v. Dyer (1788, 2 Cox, 92), "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 names of others without that
of the purchaser; whether in one name or several; whether jointly