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42 EXPRESS TRUSTS. (1858), 25 Beav. 469; In re Cnplin's Will (1865), 2 Dr. & Sm. 527 ; Wilson v. Dugnid (1883), 24 Oh. D. 244.) But there must be a clear indication by the donor that he intended the power to be regarded as a trust. (In re Weekcs' Settlement, (1897) 1 Ch. 289.) The rule applies to a power of appointment in favour of an individual. (Ticeedak v. Tweedak (1878), 7 Ch. D. 633.) But it does not apply if there is a gift over in default of appointment (Richardson v. Richardson (1885), 16 Q,. B. D. 85), even though the gift over in default is void. (Miky v. Cape (1880), W. N. 151.) The following cases illustrate the application of this principle:— Illustrations. 1. A. by will gives property to his wife, desiring her at or before her death to give the same " unto and amongst such of his own relations as she should think most deserving and approve of." This creates a trust in favour of A.'s next of kin. Harding v. Glyn (1739), 1 Atk. 469. [Note.—Having regard to the modern view of precatory trusts, probably this case cannot now be relied on.] 2. A. by will directs that certain property, in case his two children shall both die without leaving lawful issue, shall be disposed of as after mentioned, that is to say, the survivor of his two children shall have power to dispose by will of the property " amongst my nephews and nieces, or their children, either all to one of them or to as many of them as his surviving child shall think proper." This creates a trust in favour of the class, subject to a power of selection and distribution in A.'s surviving child. But-rough v. Philcox (1840), 5 My. & Or. 73. 3. A. by his will, after giving a fund to his wife for life, directs that after her death it shall be paid to such and so many of the " relations or friends " of the wife as she shall by will appoint. This creates a trust in favour of the wife's next of kin. In re Caplin's Will (1865), 2 Dr. & Sm. 527. 4. A. gives his trustees power, if his daughter marries with their consent, to appoint part of her fortune on her death to her
RULES DETERMINING INTENTION TO CREATE A TRUST. 43 husband. This creates a trust in favour of the husband. Tweedalc v. Tweedak (1878), 7 Oh. D. 633. 5. X. by deed assigns property upon trust for A. for life, and after her decease for B. for life, and after the decease of the survivor amongst such of the children of A. and B. then living, in such manner, shares, times, and proportions as A. and B. jointly, or the survivor of them separately, should appoint, and in case there should be no such child or children, then upon trust for 0. for life, and, after his decease, amongst such of his children in such manner, shares, times, and proportions as he should appoint. This is a trust in favour of O.'s children, and upon the death of A. and B. without issue, and failure of C. to exercise his power of appointment, all his children are entitled as tenants in common. Wilson v. Duguid (1883), 24 Ch. D. 244. 6. A. bequeaths to her husband a life interest in certain real property, and gives him " power to dispose of all such property by will amongst our children." This is a mere power, and not a trust. In re Weekes' Settlement, (1897) 1 Ch. 289. ILLUSORY TRUSTS. An assignment of property to trustees in trust to pay debts, although at first sight it appears to create a trust, is generally not enforceable by the creditors unless they are parties to it. The rule was first laid down in Walwyn v. Coutts (1815, 3 Sim. 14), where it was held that the creditors could not prevent the revocation of the deed. This was expressly followed in Garrard v. Lauderdak (1831, 3 Sim. 1 ; and 2 Euss. & My. 451), and again in Acton v. Woodgate (1833, 2 My. & K. 492). The rule was stated in Bell v. Cureton (1835, 2 My. & K. 503) to have been adopted "to promote the views and intentions of parties"; and though doubts as to the propriety of the decision were sometimes expressed in former days (e.g., by Knight Bruce, Y.-C., in Wilding v. Richards (1845, 1 Coll. Ch. B. 659), and by Sugden, L. C., in the Irish case of Simmonds v. Palles (1845, 2 Jo. & Lat. 504)), the rule is now established beyond question. "It appears to me to be too late now to question the principle of Garrard v. Lauderdak," said James, L. J., in Johns v. James (1878, 8 Ch. D. 744). That case " seems to me to have proceeded upon the plainest
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UNIVERSITY OF LONDON INSTITUTE OF A
Page 7 and 8: A THESIS UPON THE DEFINITION, CLASS
Page 9 and 10: TABLE OF CONTENTS. PAOK INTRODUCTOR
Page 11 and 12: INTRODUCTORY. THE term "trust" has
Page 13 and 14: Part L—TBUSTS IN GENEBAL. CHAPTEE
Page 15 and 16: DEFINITION OF A TRUST. 3 active or
Page 17 and 18: DEFINITION OF A TEUST. 5 owner. Thi
Page 19 and 20: DEFINITION OF A TEUST. 7 Mr. Justic
Page 21 and 22: DEFINITION OF A TRUST. 9 courts the
Page 23 and 24: DEFINITION OF A TRUST. 11 since the
Page 25 and 26: CLASSIFICATION OF TRUSTS. 13 constr
Page 27 and 28: CAPACITY OF PARTIES. 15 CHAPTEE III
Page 29 and 30: CAPACITY OF PARTIES. 17 The sanctio
Page 31 and 32: CAPACITY OF PARTIES. 19 party to it
Page 33 and 34: CAPACITY OF PARTIES. 21 Lunacy also
Page 35 and 36: THE TRUST PROPERTY. 23 CHAPTER IV.
Page 37 and 38: THE TRUST PROPERTY. 25 expectancy o
Page 39 and 40: CREATION OF EXPRESS TRUSTS OF LAND.
Page 41 and 42: CREATION OF OTHER EXPRESS TRUSTS. 2
Page 49 and 50: RULES DETERMINING INTENTION TO CREA
Page 53: RULES DETERMINING INTENTION TO CREA
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
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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,
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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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