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IV INTRODUCTORY. " antecedent-" rights in personam. Such rights, according to Professor Holland (Jurisprudence, 9th ed. 231), are divisible, according to the investitive fact to which they owe their origin, into two great classes. They arise, or do not arise, out of a contract. In the former case they are described as rights " ex contractu" In the latter case, since they arise from facts of various kinds to which it pleases the law to affix similar results, he describes as rights " ex lege" The latter he subdivides into four classes which he distinguishes as—i. Domestic; ii. Fiduciary; iii. Meritorious; and iv. Official; treating of trusts under the second of these subdivisions.
Part L—TBUSTS IN GENEBAL. CHAPTEE I.—DEFINITION OF A TEUST. (1) A TEUST is an obligation imposed either expressly or by implication of law whereby the obligor is bound to deal with property over which he has control for the benefit of certain persons of whom he may himself be one, and any one of whom may enforce the obligation. Where the obligation is expressly imposed the person who imposes it is called the settlor; the person on whom the obligation is imposed is called the trustee; the person for whose benefit it is imposed is called the beneficiary or cestui que trust; the subject-matter of the trust is called the trust property. (2) \Yhen the only obligation upon the trustee is to convey the trust property to or at the direction of the beneficiary, the trust is called a " bare trust," and the trustee a " bare trustee" ; every other trust is called an " active trust," and the trustee an " active trustee." In law, as in all other human sciences, it has been said (Pollock, First Book of Jurisprudence, 1), those ideas which seem to be the most simple are really the most difficult to grasp with certainty and express with accuracy. It is perhaps not surprising, therefore, that the definition of fundamental terms has always proved a matter of difficulty to lawyers; so much so that they have come to H. B
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Page 7 and 8: A THESIS UPON THE DEFINITION, CLASS
Page 9 and 10: TABLE OF CONTENTS. PAOK INTRODUCTOR
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Page 21 and 22: DEFINITION OF A TRUST. 9 courts the
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Page 25 and 26: CLASSIFICATION OF TRUSTS. 13 constr
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Page 35 and 36: THE TRUST PROPERTY. 23 CHAPTER IV.
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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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