a thesis - Institute of Advanced Legal Studies

ENFORCEABILITY OF EXPRESS TRUSTS. 57
4. On the marriage of A. with B., A.'s property is settled upon
B. and A. successively for life, remainder to the children of the
marriage, remainder in default of children to A. absolutely if she
survives B., but if she dies in his lifetime, as she may by will
appoint, remainder in default of appointment to her next of kin,
excluding her husband. A. and B. cannot revoke the settlement
as against the next of kin, even though there be no issue of the
marriage and no possibility of issue. Paulv. Paul (1882), 20 Oh.
D. 742.
Where the Settlor has declared Himself, or the Person in whose
control the Property is to be, a Trustee.
1. A. by voluntary settlement covenants to surrender copyholds
to B., 0. and D. on certain trusts, and that until the surrender
is made she will stand possessed thereof in trust for B., C. and D.
This constitutes A. a trustee upon the trusts of the settlement.
Steele v. Waller (1860), 28 Beav. 466.
2. The legal estate in fee in lands is vested in A. in trust for B.
B. signs a document addressed to A., directing that the lands and
other property shall after his death be held for the benefit of certain
persons. This is an enforceable trust. Tierney v. Wood (1854),
19 Beav. 330.
(b) Imperfect Voluntary Trusts.—" In order to render the
[voluntary] settlement binding," says Lord Justice Turner in
Milroy v. Lord (1862, 4 De GK F. & J. at p. 274), "one or other
of the modes [above mentioned] must, as I understand the law of
this court, be resorted to, for there is no equity in this court to
perfect an imperfect gift. The cases, I think, go further to this
extent, that if the settlement is intended to be effectuated by one
of the modes to which I have referred, the court will not give
effect to it by applying another of those modes. If it is intended
to take effect by transfer, the court will not hold the intended
transfer to operate as a declaration of trust, for then every imperfect
instrument would be made effectual by being converted into a
perfect trust."
(See also Colman v. Barrel (1789), 1 Ves. 50 ; Jefferys v. Jefferys
(1841), Or. & Ph. 141; Marler v. Tommas (1873), L. E. 17 Eq. 8 ;