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104 IMPLIED TRUSTS. to make the contribution of the deceased equal to that of the others. Lake v. Gibson (1729), 1 Eq. Ca. Abr. 294, pi. 3 ; Lake v. Craddock (1732), 3 P. W. 158. [Note.—The purchase-money paid by the deceased was not quite one-fifth of the whole, but the decision really went on the ground that the purchasers were partners.] 3. A., B. and C., being beneficially entitled to money as tenants in common, invest it on mortgage of land. By the mortgage deed the land is conveyed to them as joint tenants, the deed containing a clause that the mortgage money belongs to them on a joint account in equity as well as at law. The evidence showing that they consider themselves entitled to the mortgage in equal shares, they are tenants in common, and the survivor, C., is a trustee for the representatives of A. and B. of their shares. In re Jackson (1887), 34 Ch. D. 732.
RESULTING TRUSTS. 105 CHAPTER XV.—RESULTING TRUST WHERE PURPOSE OF TRANSFER ILLEGAL. WHERE a person transfers property to another for an illegal purpose, but such purpose is not carried into execution, or the effect of permitting- the transferee to retain the property might be to defeat the provisions of any statute or rule of law, the transferee holds the property for the benefit of the transferor. As a rule, where the object of a transfer is illegal, the court will not help the transferor to get his property back. In pari delicto melior est conditio possidentis. (Groves v. Groves (1829), 3 T. & J. 163 ; Ayerst v. Jenkins (1873), L. E. 16 Eq. 283 ; In re Great Berlin Steamboat Co. (1884), 26 Ch. D. 616. Of. Haigh v. Kaye (1872), L. E. 7 Ch. App. 469.) But before the illegal purpose is carried out the transferor is entitled to repudiate the transaction and to recover the property from the transferee. Lord Eomilly, M. E., in the case of Symes v. Hughes (1870, L. E. 9 Eq. at p. 479), states the rule as follows:— " "Where the purpose for which the assignment was given is not carried into execution, and nothing is done under it, the mere intention to effect an illegal object when the assignment was executed does not deprive the assignor of his right to recover the property from the assignee, who has given no consideration for it." In the case of In re Great Berlin Steamboat Co. (supra], the transferor was held not entitled to recover money which he had handed to the company for a fraudulent purpose, because he did not repudiate until after the company had been ordered to be wound up, though Baggallay and Lindley, L. JJ., admitted his right to recover it if he had repudiated before that. The case therefore appears to turn on the effect of an order for winding up a company on the rights of creditors. Further, in Ayerst v. Jenkins (supra], although he refused relief to the representatives of the settlor on the ground of the illegality
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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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RULES DETERMINING INTENTION TO CREA
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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 and 100: INVALIDATING CAUSES. 87 Immoral Tru
Page 101 and 102: RESULTING TRUSTS. 89 Part IIL—IMP
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: RESULTING TRUSTS. 103 It does not s
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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