 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...  Albany Law Journal - Page 1331888Full view - About this book
 | New Brunswick. Supreme Court, Ward Chipman, John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, James Hannay, William Pugsley, Arthur I. Trueman, George Wheelock Burbidge, George W. Allen, John L. Carleton, William Henry Harrison, Ernest Doiron, Douglas King Hazen - Law reports, digests, etc - 1902 - 812 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...imperfect instrument would be made effectual by being con" verted into a perfect trust." In Nanney v. Morgan (2), Cotton LJ says : " The law as " regards... | |
 | Commercial law - 1919 - 836 pages
...À tion of Trust. (Continued from page 88, Mag.) "If it is intended to take effect by transfer, tiie Court will not hold the intended transfer to operate as a declaration of trust, for then " (he adds shrewdly enough) "every imperfect instrument would be made effectual by being converted... | |
 | Law reports, digests, etc - 1883 - 910 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 will...effectual by being converted into a perfect trust. Those are the principles by which, as I conceive, this case must be tried. Applying then those principles... | |
 | New South Wales. Supreme Court - Law reports, digests, etc - 1911 - 684 pages
...Hay appears to me to fall directly within that part of Turner, LJ's judgment, when he says : " If it is intended to take effect by transfer, the Court...intended transfer to operate as a declaration of trust." Here plainly it was intended that there should be a transfer to Lady Hay, and the subsequent words,... | |
 | Ramjohn - Law - 1998 - 1031 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. But the settlor may incorporate both modes of creating a trust, namely, declaring that he will retain... | |
 | Alastair Hudson - Law - 2014 - 1107 pages
...(1862) 4 De GF & J 264. 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. Therefore, the court is adamant that a frustrated intention to make a gift will not be saved by re-interpreting... | |
 | Elizabeth Cooke - Law - 2003 - 441 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." This oft-quoted passage lays down two separate principles. First, that the settlor must have done everything... | |
 | Mohamed Ramjohn - Trusts and trustees - 2004 - 722 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. Self-declaration of trust as one of several trustees Alternatively, the settlor, as the sole owner... | |
 | Graham Moffat - Law - 2005 - 1110 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.' It appears to me that that sentence contains the whole law on the subject. There is no suggestion of... | |
 | Eva Micheler - Law - 2007 - 6 pages
...must ... be resorted to, for there is no equity in this court to perfect an imperfect gift ... If it is intended to take effect by transfer, the court...be made effectual by being converted into a perfect trust.126 The result in Milroy v. Lord was that no trust arose for the benefit of the donee. The donee... | |
| |
