 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
 | Louis Arthur Goodeve - Personal property - 1904 - 548 pages
...whicli 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...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
...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...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.... | |
 | Walter Gray Hart - Trusts and trustees - 1909 - 496 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 " (k). The rule that a voluntary trust is not enforceable if it is imperfect is illustrated by the... | |
 | Law - 1910 - 612 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. These are the principles by which, as I conceive, this case must be tried." In Heartley v. Nicholson,... | |
 | Thaddeus Davis Kenneson - Trusts and trustees - 1911 - 648 pages
...must introduce the word, "except in the case of a wife." The Lord Justice proceeded to say, "If it is intended to take effect by transfer, the Court...effectual by being converted into a perfect trust ;" and he added that it must be plainly shown that it was the purpose of the settlement, or the intention... | |
 | John Edson Brady - Bank deposits - 1911 - 336 pages
...court enforce as a trust a transaction which was intended as a gift but is imperfect for that purpose, for then every imperfect instrument would be made effectual by being converted into a perfect trust. If such a trust is otherwise sufficiently created, its validity is not affected by the fact that the... | |
 | New Brunswick. Supreme Court in Equity, Walter Harley Trueman, Homer D. Forbes - Equity - 1912 - 492 pages
...Court will not give CLARK ET AL. effect to it by applying another of those modes. If it is BARK ^T c j intended to take effect by transfer, the Court will...effectual by being converted into a perfect trust. These are the principles by which, as I conceive, this case must be tried." In Beartley v. Nicholson... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1913 - 986 pages
...by applying another of those modes. If it is intended to take effect by transfer, the Court [ *27B ] will not hold the intended transfer to operate as...effectual by being converted into a perfect trust. These are the principles by which, as I conceive, this case must be tried. to the objects of the settlement,... | |
 | Eugene Allen Gilmore, William Charles Wermuth - Law - 1917 - 924 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... | |
 | Law reports, digests, etc - 1914 - 1280 pages
...'to be effectuated by a 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." In that case one Whitney executed and had in his possession, at the time of his decease, a written... | |
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