 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
 | South Dakota. Supreme Court - Court rules - 1915 - 758 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... | |
 | 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 will not hold the intended transi'er to operate as a declaration of trust; for then every imperfect instrument would be made effectual... | |
 | James Mitchell Ellis Garrow - Equitable remedies - 1919 - 468 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." Milroy v. Lord (1862) 4 De GF & J. 264, 274; 45 ER 1185, 1189. See also Richards v. Delbridge (1874)... | |
 | Austin Wakeman Scott - Trusts and trustees - 1919 - 858 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. If the decisions of Lord... | |
 | Alured Myddelton Wilshere - Equity - 1920 - 620 pages
...of the above modes, the Court will not give effect to it by applying another of these modes. If it is intended to take effect by transfer, the Court...effectual by being converted into a perfect trust (k) . Thus — (i) S, being possessed of leaseholds and stock-in-trade, purported to make a gift to... | |
 | Appellate courts - 1904 - 828 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... | |
 | Ohio. Courts - Law reports, digests, etc - 1922 - 636 pages
...the donee by construing it into a declaration of trust. In Milroy v. Lord, 4 De Gex. P. & J., 264, in referring to the modes of making a voluntary settlement,...delivering it change his mind, and in such case equity Groat v. Wilkinson, Admr. [VoL 23 (N.8.) will not virtually divest him of his property by creating... | |
 | Law reports, digests, etc - 1904 - 1036 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... | |
 | John Mews - Courts - 1926 - 772 pages
...gift. Milroy v. Lord, 4 De GF 6 J. 264; 31 LJ Ch. 798; 8 Jur. (NB) 806; 7 LT 178. If, however, the gift is intended to take effect by transfer, the court will not hold the intended transfer to operate aa a declaration of trust. lb. Where an instrument set up a« a declaration of truet, or of gift, shows... | |
 | Law - 1884 - 544 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...Imperfect instrument would be made effectual by being concerted into a perfect trust." The act constituting the transfer must be consummated, and not remain... | |
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