a thesis - Institute of Advanced Legal Studies
a thesis - Institute of Advanced Legal Studies
a thesis - Institute of Advanced Legal Studies
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40 EXPRESS TRUSTS.<br />
4. A. gives her property in trust for sucli <strong>of</strong> her nieces X. and<br />
Y. as should be living at her death, adding, " my desire being<br />
that they shall distribute such residue as they think will be most<br />
agreeable to my wishes." X. and Y. take for their own benefit<br />
and not as trustees. Stead v. Mellor (1877), 5 Ch. D. 225.<br />
5. A. gives all his property to his wife, X., " absolutely, with full<br />
power for her to dispose <strong>of</strong> the same as she may think fit for the<br />
benefit <strong>of</strong> my family with full confidence that she will do so."<br />
This does not create a trust in favour <strong>of</strong> A.'s children, andX. takes<br />
absolutely. In re Hutchinson and Tenant (1878), 8 Ch. D. 540.<br />
6. A. gives to B. " the whole <strong>of</strong> my real and personal property<br />
for her sole use and benefit. It is my wish that whatever property<br />
my wife might possess at her death be equally divided between<br />
my children." This is not a trust. Parnall v. Parnall (1878),<br />
9 Ch. D. 96.<br />
7. A. gives to B. the whole <strong>of</strong> his property both real and<br />
personal, " feeling confident that she will act justly to our children<br />
in dividing the same when no longer required by her." This does<br />
not create a trust and B. takes an absolute interest. The Mussoorie<br />
Bank v. Hat/nor (1882), 7 App. Cas. 321.<br />
8. A. gives all his real and personal estate unto and to the<br />
absolute use <strong>of</strong> his wife, her heirs, executors, administrators and<br />
assigns, " in full confidence that she would do what was right as to<br />
the disposal there<strong>of</strong> between his children either in her lifetime or<br />
by will after her decease." This does not constitute a trust in<br />
favour <strong>of</strong> the children. In re Adams and the Kensington Vestry<br />
(1884), 27 Ch. D. 394.<br />
9. A. bequeaths 4,00 01. to his brother B. in trust for his sisters<br />
C., D. and E., adding, " they are hereby enjoined to take care <strong>of</strong><br />
my nephew X. as may seem best in the future." This does not<br />
constitute a trust in X.'s favour. In re Moore, Moore v. Roche<br />
(1886), 34 W. R. 343.<br />
10. A. gives all her real and personal property to her daughter<br />
B., " her heirs and assigns," adding, " and it is my desire that she<br />
allows to C. an annuity <strong>of</strong> 251. during her life, and that the said
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