 | New Jersey. Court of Chancery - Law reports, digests, etc - 1914 - 768 pages
...concern himself no further about it. If, says the master of the rolls, in the case cited, the gift is intended to take effect by transfer, the court...would be made effectual by being converted into a nerfect trust. Farrell r. I'nssnic Water Co. 82 Eg. If, then, the complainant has a valid title, it... | |
 | Law reports, digests, etc - 1874 - 1086 pages
...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...will not give effect to it by applying another of these modes. If it is intended to take effect by transfer the Court will not hold the intended transfer... | |
 | Law - 1874 - 486 pages
...effectuated by one of these modes, w court will not give effect to it by applying another of them. If * is intended to take effect by transfer, the court will not hold tl intended transfer to operate as a declaration of trust, for then every imperfect instrument would... | |
 | Law - 1874 - 714 pages
...Lord (4 DF & J. 264), and that where a gift was intended to take effect by transfer, the Court would not hold the intended transfer to operate as a declaration of trust. The demurrer must bo allowed. Solicitors : Gregory & Co., agents for ('arlyon & Puutt, Truro; TD Bollón,... | |
 | Law reports, digests, etc - 1881 - 944 pages
..." 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...effect to it by applying another of those modes." In order to give effect to this gift I must there again introduce the words, " except in the case of... | |
 | John Norton Pomeroy - Equitable remedies - 1882 - 844 pages
...intended to bo effectuated by gift, the court will not give it effect by construing it as a trust. If it is intended to take effect by transfer, the court will not hold tho intended transfer to operate as a declaration of trust, for then every imperfect instrument would... | |
 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - Law reports, digests, etc - 1884 - 682 pages
...important rule stated by Lord Justice Turner, in Milroy v.LorJ, 4 DF & J. 274, that if a settlement is intended to take, effect by transfer, the Court will not hold an ineffectual attempt to transfer to operate as a declaration of trust , and, apropos of the questions... | |
 | Henry William May - Bills of sale - 1887 - 760 pages
...to wife. That principle was that, if a gift was intended to take effect by transfer, the Court would not hold the intended transfer to operate as a declaration...trust, for then every imperfect instrument would be ^iiade effectual by being converted into a perfect trust ; and it was clear that it was not the purpose... | |
 | Sir Horatio Hale Shephard - 1887 - 380 pages
...nature, and, where it is intended that there should be a gift but the intention is not fully carried out, the Court will not hold the intended transfer to operate as a declaration of trust. In the one case there must be an expression of intention to become a trustee ; in the other, there... | |
| |
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 these modes. 
