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62 EXPRESS TRUSTS. Mr. Lewin says: " It may be laid down as a clear and undis- «/ */ puted rule that no one is compellable to undertake a trust." (Trusts, 10th ed. 209.) It follows that any person appointed a trustee has a right to disclaim the office. A disclaimer should be made by deed, for a deed is clear evidence and admits of no ambiguity ; but a deed is not necessary, and a verbal disclaimer has been held sufficient (Foster v. Daicber (1860), 8 W. E. 646), as has also a disclaimer by mere conduct. (Stacey v. Elph (1833), 1 M. & K 195; In re Gordon (1877), L. E. 6 Oh. App. 531; In re BirchaU (1889), 40 Ch. D. 436.) And since the trustee cannot disclaim the office without also disclaiming the legal estate in the trust property, if his conduct shows that he has disclaimed the trusteeship, it also shows that the legal estate is not in him. (In re Birchall, supra.} The disclaimer must be of the whole trust; a disclaimer of part only is invalid. It is not competent for any trustee to say : " I will attend to some of the trusts, and I will not attend to others." So that even though part of the trust property be in England and part in a foreign country, and the trustee be resident in the foreign country, if he accepts the trusts as to the foreign property he accepts them wholly, or, putting it conversely, if he executes a disclaimer of the trusteeship so far as it relates to the English property only, it does not operate as a disclaimer at all. (In re Lord and Ful/erton's Contract, (1896) 1 Ch. 228.) A disclaimer ought to be made without delay. If the trustee allows more than a reasonable length of time to elapse a presumption arises that he has accepted. It is then a question of fact whether his acquiescence amounts to an acceptance of the office. (Lewin, 210, 214.) And the disclaimer must be made before the trustee has entered on the duties of the office, for a trustee who has once accepted the trust cannot afterwards renounce it. (Snell, Equity, 12th ed. 151; Underbill, Trusts and Trustees, 6th ed. 148.) Sect. 7 of the Eeal Property Act, 1845, provides that an estate or interest in any tenements or hereditaments in England of any tenure may be disclaimed by a married woman by deed; and that every such disclaimer shall be made conformably to the provisions of the Fines and Eecoveries Act, 1833. Having regard to the decision in In re Harkness and Attsopp's Contract (1896, 2 Ch. 358), the Married Women's Property Act, 1882, does not seem to
DISCLAIMER OF EXPRESS TRUST. 63 have affected this provision, at any rate where the married woman is a trustee, so that a trustee who is a married woman must apparently disclaim a trusteeship of land by deed acknowledged. The effect of disclaimer by a trustee where there is a co-trustee is to vest the whole legal estate in the co-trustee : and as regards the exercise of the office, even if the trust be accompanied with a power, the continuing trustee may administer the trust without the concurrence of the trustee who has chosen to disclaim, and without the appointment of a new trustee. .... And when the disclaimer has been executed it operates retrospectively, and makes the other trustee the sole trustee ab initio. (Lewin, 213, 214.)
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UNIVERSITY OF LONDON INSTITUTE OF A
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A THESIS UPON THE DEFINITION, CLASS
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TABLE OF CONTENTS. PAOK INTRODUCTOR
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INTRODUCTORY. THE term "trust" has
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Part L—TBUSTS IN GENEBAL. CHAPTEE
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DEFINITION OF A TRUST. 3 active or
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DEFINITION OF A TEUST. 5 owner. Thi
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DEFINITION OF A TEUST. 7 Mr. Justic
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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 65 and 66: ENFORCEABILITY OF EXPRESS TRUSTS. 5
Page 67 and 68: ENFOECEABILITY OF EXPRESS TRUSTS. 5
Page 73: DISCLAIMER OF EXPRESS TRUST, 61 CHA
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
Page 105 and 106: 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,
Page 111 and 112: RESULTING TRUSTS. 99 4. Copyhold la
Page 113 and 114: RESULTING TRUSTS. 101 Lastly, if A.
Page 115 and 116: RESULTING TRUSTS. 103 It does not s
Page 117 and 118: RESULTING TRUSTS. 105 CHAPTER XV.
Page 119 and 120: CONSTRUCTIVE TRUSTS. 107 B.—Const
Page 121 and 122: CONSTRUCTIVE TRUSTS. 109 quences of
Page 123 and 124: 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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