a thesis - Institute of Advanced Legal Studies

36 EXPRESS TRUSTS.
CHAPTER VII.—RULES FOR DETERMINING INTENTION TO
CREATE A TRUST.
IN determining whether or not a trust has been created,
regard must be had to the following rules:—
Rule I.—A gift of property, coupled with words
expressive of the wish, hope, recommendation, entreaty
or prayer of the donor that the property shall be dealt
with in a specified manner, or with other words of
similar import, does not create a trust of that property,
unless (regard being had to the whole of the instrument,
if any, in which such words appear, and to the circumstances
of the case) it appears that an obligation to so
deal with it is thereby imposed.
Rule II.—A gift of a power to appoint property to or
among a specified person, or class of persons, without
any gift over in default of such appointment, creates a
trust (subject to the donee's right of selection) in favour
of such person or persons, if it appears that the donor
intended the property to be appointed to him or some
one or more of them.
Rule III.—An assignment of property to a trustee in
trust to pay debts or other sums of money does not of
itself create a trust in favour of the creditors or persons
to whom such sums are payable, but a trust is created in
the following cases, namely:—
(a) When any of such creditors or persons is a party
to and executes the deed of assignment, in favour of the
party so executing it; or