 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
 | Law reports, digests, etc - 1881 - 944 pages
...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 - Law reports, digests, etc - 1881 - 968 pages
...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 - Accident insurance - 1882 - 390 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." A similar principle applies to declarations of trust which are considered in a Court of equity as equivalent... | |
 | William Fischer Agnew - Trusts and trustees - 1882 - 638 pages
...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 - Trusts and trustees - 1882 - 632 pages
...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 - Equitable remedies - 1882 - 844 pages
...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 - Equity - 1883 - 602 pages
...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 - Law reports, digests, etc - 1885 - 1000 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." The act constituting the transfer must be consummated, and not remain incomplete or rest in mere intention;... | |
 | Law - 1885 - 548 pages
...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... | |
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