a thesis - Institute of Advanced Legal Studies

14 TRUSTS IN GENERAL.
distinction as Mr. Justice Story does, by the accustomed antithesis
"express" and "implied," treating resulting and constructive
trusts as subdivisions of the latter.
It may be added that the term implied trusts is sometimes
used to designate what are more commonly called " precatory
trusts." Mr. Lewin uses the term in this sense (see 10th ed. 117),
and he treats such trusts as a species of those created by act of the
party. Mr. W. W. Watson also regards precatory trusts as
implied, and treats them as a sub-class of trusts which, though not
express, are such as equity will enforce.
But as Mr. Underhill (6th ed. 9) points out, trusts arising from
precatory words are essentially express trusts—that is to say, they
are expressed, although in ambiguous and uncertain language.
Moreover, the whole of the law as to express trusts is applicable to
trusts created by precatory expressions ; and there is, therefore, no
justification for treating them as a separate and distinct class.