 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
 | Abraham Clark Freeman - Law reports, digests, etc - 1896 - 1026 pages
...enforce aa a trust a transaction \viii"h was intended aa a gift, bat is imperfect for that purpose, 'for then every imperfect instrument would be made...effectual by being converted into a perfect trust.' " Finally, the court snid, with respect to the creation of an executed voluntary trust by Mrs. Reed:... | |
 | William Pinder Eversley - Domestic relations - 1896 - 1172 pages
...perfected in equity, on the principle that a transfer does not operate as a declaration of trust, otherwise every imperfect instrument would be made effectual by being converted into a perfect trust.7 But by the operation of the 1 3 & 4 Wm. IV. c. 74, ss. 77-80, as amended by 45 & 46 Viet. c.... | |
 | Law reports, digests, etc - 1898 - 1036 pages
...to it by applying another of those modes. If it is intended to take effect by transfer, the coui t 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": See Loring v. Hildreth,... | |
 | John Mews - Law reports, digests, etc - 1898 - 858 pages
...by writing or by parol ; but there is no equity to protect an imperfect gift. If, however, the gift is intended to take effect by transfer, the court...intended transfer to operate as a declaration of trust. Milroy v. L,ird, 4 De GF & J. 264 ; 31 L. J, Ch. 798 ; S Jur. (x.3.) 806 ; 7 LT 178. d. Other Cases.... | |
 | John Mews - Courts - 1898 - 1112 pages
...v. Ьч-tl, 4" De GF & J. 2Ü4 : 31 LJ, Ch. 798 ; S Jur. (Ns) 806; 7 LT 178. If, however, the gift is intended to take effect by transfer, the court...intended transfer to operate as a declaration of trust. lb. Where an instrument set up as a declaration of trust, or of gift, shows that something more must... | |
 | John Norton Pomeroy - Equitable remedies - 1899 - 940 pages
...intended to be 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...effectual by being converted into a perfect trust. The case of Martin v. Funk, and kindred cases, cannot aid the respondent. In all those cases there was... | |
 | Jairus Ware Perry - Trusts and trustees - 1899 - 840 pages
...intended to effectuate 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. Moore v. Moore, 43 LJ Ch. 617, 623; Martin r. Funk, 75 XY 134; Gannon v. McGuire, 47 NYS 870. If a... | |
 | Law reports, digests, etc - 1899 - 846 pages
...which I have referred, the court will not give bffect 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" (4 De GF & .1., at p. 274). In the present case there is really nothing to lend any support to the... | |
 | New South Wales. Supreme Court - Law reports, digests, etc - 1898 - 822 pages
...Lord (1) and Richards v. Delbridge (2) may be regarded as the leading cases of this class. They shew that, if the settlement is intended to take effect...would be made effectual by being converted into a declaration of trust; as it was put by Sir George Jessel, " for a man to make himself a trustee there... | |
 | James Smith McMaster - 1904 - 786 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 and kindred cases cannot aid the respondent.... | |
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