 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...  The Northeastern Reporter - Page 3231887Full view - About this book
 | 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
...which I have referred, 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...effectual by being converted into a perfect trust." It appears to me that that sentence contains the whole law on the subject. If the decisions of Lord... | |
 | 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... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1905 - 798 pages
...to be effectuated by gift, the court will not give effect to it by construing it as a trust. If it is intended to take effect by transfer, the court...effectual by being converted into a perfect trust. Milroy v. Lord, 4 De G., F. & J. 264. "The case of Martin v. Funk [75 NY 134] and kindred cases cannot... | |
 | 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 - 1885 - 550 pages
...make such a transfer as would constitute a gift, but the transaction is imperfect for this purpose, the court will not hold the intended transfer to operate...effectual by being converted into a perfect trust." The act constituting the transfer must be consummated, and not remain incomplete or rest in mere intention... | |
 | Law - 1872 - 536 pages
...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...effectual by being converted into a perfect trust." We may further add, that for the purposes of the present discussion, a gift is not the less complete... | |
 | Charles Davidson - Conveyancing - 1873 - 776 pages
...effectuated in one mode, the Court will not give effect to it by applying another mode ; so that " if it is intended to take effect by transfer, the Court...effectual by being converted into a perfect trust." However, in Airey v. Hall (3 Sm. & Gif. 315), a voluntary assignment of a sum of stock in the settlor's... | |
 | Law reports, digests, etc - 1904 - 1108 pages
...Milroy v. Lord, 4 De Gex, Fisher & Jones, 264, 274, in which Lord Justice Turner well said : "If it is intended to take effect by transfer, the court...effectual by being converted into a perfect trust." Again, a recorded deed of real estate, or a recorded brand of cattle, in the name of the donee, without... | |
 | Upper Canada. Court of Common Pleas - Law reports, digests, etc - 1880 - 792 pages
...Turner, in Milroy v. Lord, " Jf it," the gift, " is intended to take place by transfer, the Court v/111 not hold the intended transfer to operate as a declaration...effectual by being converted into a perfect trust." See also Moore v. Moore, LR 18 Eq. 474. the money secured by the deposit receipt in question, I do... | |
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