 | Thomas Lewin - Trusts and trustees - 1888 - 870 pages
...intended to be made by transfer of the legal estate, the Court will not hold such intended but effectual transfer to operate as a declaration of trust, for then every imperfect instrument would be made effect-, ual by being converted into a perfect trust (a). 14. Meek v. Kettiewell. — In a case (6)... | |
 | James Barr Ames - Trusts and trustees - 1893 - 548 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." To give effect to this gift I must introduce the words, " except in the case 1 34 Beav. 623. * 13 Ch.... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1898 - 1034 pages
...The cases' 1 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...If it is intended to take effect by transfer, the coui t will not hold the intended transfer to operate as a declaration of trust, for then every imperfect... | |
 | John Mews - Law reports, digests, etc - 1898 - 860 pages
...by writing or by parol ; but there is no equity to protect an imperfect gift. If, however, the gift is intended to take effect by transfer, the court...intended transfer to operate as a declaration of trust. Milroy v. L,ird, 4 De GF & J. 264 ; 31 L. J, Ch. 798 ; S Jur. (x.3.) 806 ; 7 LT 178. d. Other Cases.... | |
 | John Mews - Courts - 1898 - 1112 pages
...v. Ьч-tl, 4" De GF & J. 2Ü4 : 31 LJ, Ch. 798 ; S Jur. (Ns) 806; 7 LT 178. If, however, the gift is intended to take effect by transfer, the court...intended transfer to operate as a declaration of trust. lb. Where an instrument set up as a declaration of trust, or of gift, shows that something more must... | |
 | Law reports, digests, etc - 1899 - 846 pages
..." the cases, I think, go further to the 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 bffect to it by applying another of those modes. If it is intended to take effect by transfer the court... | |
 | John Whitcombe - Conveyancing - 1899 - 966 pages
...effectuated by one of the modes to which I have referred (viz., transfer and declaration of trust), the Court 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... | |
 | New South Wales. Supreme Court - Law reports, digests, etc - 1898 - 820 pages
...Delbridge (2) may be regarded as the leading cases of this class. They shew that, if the settlement is intended to take effect by transfer, the Court...would be made effectual by being converted into a declaration of trust; as it was put by Sir George Jessel, " for a man to make himself a trustee there... | |
 | Louis Arthur Goodeve - Personal property - 1904 - 548 pages
...to this extent, that if the settlement is intended to be effectuated by one of the modes to whicli I have referred, the Court will not give effect to...trust, for then every imperfect instrument would be effectual by being converted iuto a perfect trust."1 A promise to make a gift in the future does not... | |
 | Robert Frederick Norton, Robert Hay Dun, Digby Latimer Francis Koe - Deeds - 1906 - 776 pages
...declaration of trust, if the transfer be not completed. " If the settlement is intended to be effectuated by one of the modes to which I have referred, the...intended transfer to operate as a declaration of trust : " per Turner, LJ, Milroy v. Lord (1862), 4 DF & J. 264 at p. 274 ; Antrobus v. Smith (1806), 12 Ves.... | |
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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. 
