 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
 | 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... | |
 | 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)... | |
 | Frederick Prideaux - Conveyancing - 1889 - 976 pages
...declaration of trust), 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" (z). In accordance with this principle, an imperfect assignment of furniture by a husband to his wife... | |
 | Daniel Roberts - Law reports, digests, etc - 1889 - 374 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. Veazey, J. , and so held in Pope v. Burlington Savings Bank, 56 Vt. 284. 3. Voluntary settlement. An... | |
 | Ontario. High Court of Justice - Law reports, digests, etc - 1891 - 816 pages
...another, and not to retain it in the donor's hands for any purpose, fiduciary or otherwise. * * If it is intended to take effect by transfer, the Court...effectual by being converted into a perfect trust." I confess I am unable to find any satisfactory ground apart from the authorities upon which to hold... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1893 - 1052 pages
...make such a transfer as would constitute a gift, bat 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.' " Such is the general doctrine in regard to voluntary trusts M laid down by elementary writers on the... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1893 - 742 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.'" Such is the general doctrine in regard to voluntary trusts as laid down by elementary writers on the... | |
 | James Barr Ames - Trusts and trustees - 1893 - 548 pages
...— . » . - — — - -J- ,ro effect to it by applying another of those modes. If it is intendecP&J" take effect by transfer, the court will not hold the intended transfer to 1 operate as a declaration of trust ; for then every imperfect instrument would be made effectual by... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1894 - 1002 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." With the above passage it will be useful to compare the following remarks of Sir George Jessel in Richard*... | |
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