On the Nature And Evidence of Title to Realty : a Historical Sketch, Being the Yorke Prize Essay (1898), University of Cambridge
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Two cases of resulting trusts are usually considered — (a) where an owner makes a conveyance and there is no ground of inference that he means to dispose of the beneficial interest, then there is said to be a resulting trust in favour of this owner ; and (6) where a purchaser takes a conveyance of a legal estate in the name of a third person and there is nothing to indicate that he intended the conveyance for the benefit of that third person, then a trust results to him. These principles were a...rrived at early in the present period. It should be noted, however, that the presumption of a resulting trust might be rebutted by parol evidence of a contrary intention, and further that if the grantee were the wife or child of the actual purchaser or grantor the presumption was in favour of advancement, i.e. of a real benefit for the wife or child. This was first laid down by Lord Nottingham in 1677.
' Lord Eldou.
^ Lord Northington, in Wycherley v. Wycherley, 2 Eden, 177.
Digitized by Microsoft® TRUSTS 183 In the previous year the same judge said, "There is one good general and infallible rule that applies to both these kinds of trusts, to which there is no exception, and that is this — the law never implies, the court never presumes, a trust but in case of absolute necessity.
What to read after On the Nature And Evidence of Title to Realty : a Historical Sketch, Being the Yorke Prize Essay (1898), University of Cambridge?
You can find similar books in the "Read Also" column, or choose other free books by Richard Cockburn Maclaurin to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Two cases of resulting trusts are usually considered — (a) where an owner makes a conveyance and there is no ground of inference that he means to dispose of the beneficial interest, then there is said to be a resulting trust in favour of this owner ; and (6) where a purchaser takes a conveyance of a legal estate in the name of a third person and there is nothing to indicate that he intended the conveyance for the benefit of that third person, then a trust results to him. These principles were a...rrived at early in the present period. It should be noted, however, that the presumption of a resulting trust might be rebutted by parol evidence of a contrary intention, and further that if the grantee were the wife or child of the actual purchaser or grantor the presumption was in favour of advancement, i.e. of a real benefit for the wife or child. This was first laid down by Lord Nottingham in 1677.
' Lord Eldou.
^ Lord Northington, in Wycherley v. Wycherley, 2 Eden, 177.
Digitized by Microsoft® TRUSTS 183 In the previous year the same judge said, "There is one good general and infallible rule that applies to both these kinds of trusts, to which there is no exception, and that is this — the law never implies, the court never presumes, a trust but in case of absolute necessity.
What to read after On the Nature And Evidence of Title to Realty : a Historical Sketch, Being the Yorke Prize Essay (1898), University of Cambridge?
You can find similar books in the "Read Also" column, or choose other free books by Richard Cockburn Maclaurin to read onlineMoreLess
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