 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 - Halaman 1331888Tampilan utuh - Tentang buku ini
 | 1881 - 944 halaman
...again introduce the words, " except in the case of a wife." Then the Lord Justice proceeds : " If it is intended to take effect by transfer, the Court...effectual by being converted into a perfect trust." I must there sny, " except always in the case of a wife." The Lord Justice then goes on to state that... | |
 | Isaac Grant Thompson - 1881 - 968 halaman
...Carnegie. 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 and kindred cases cannot aid the respondent.... | |
 | Charles Crawley - 1882 - 390 halaman
...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." A similar principle applies to declarations of trust which are considered in a Court of equity as equivalent... | |
 | William Fischer Agnew - 1882 - 638 halaman
...it, the Court will not construe it as a declaration of trust, and upon this ground give effect to it, for then every imperfect instrument would be made effectual by being converted into a perfect trust. 3 Where a cheque was given to one in trust for another, with a verbal direction that the amount was... | |
 | William Fischer Agnew - 1882 - 632 halaman
...it, the Court will not construe it as a declaration of trust, and upon this ground give effect to it, for then every imperfect instrument would be made effectual by being converted into a perfect trust.3 Where a cheque was given to one in trust for another, with a verbal direction that the amount... | |
 | John Norton Pomeroy - 1882 - 844 halaman
...intended to bo effectuated by gift, the court will not give it effect by construing it as a trust. If it is intended to take effect by transfer, the court will not hold tho intended transfer to operate as a declaration of trust, for then every imperfect instrument would... | |
 | Great Britain. Court of Chancery, Sir George Jessel, Apsley Petre Peter - 1883 - 602 halaman
...by one of the modes, 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." The ME said that this contained the whole law on the subject. COMMENTS. The two autherities disapproved... | |
 | Isaac Grant Thompson - 1885 - 1000 halaman
...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;... | |
 | 1885 - 548 halaman
...transaction is imperfect for this purpose, the court will not hold the intended transfer to opéralo as a declaration of trust ; " for then every imperfect...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... | |
 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1886 - 846 halaman
...otherwise." He quotes Lord Justice Turner's words in Milroy v. Lord, 4 DeG. F. & J., 264-274: " If it is intended to take effect by transfer, the court...declaration of trust, for then every imperfect instrument could be made effectual by being converted into a perfect trust." He also quotes the emphatic language... | |
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