The Law of Trusts and Trustees and the Equitable Doctrines of Election, Performance, Satisfaction, Conversion and Marshalling |
Common terms and phrases
administrator advancement allowed annuity apply appoint new trustees apportionment arise assignment Att.-Gen authorised Beav beneficiary benefit bequest breach of trust capital cestui que trust Ch.D charitable purposes charitable trust chose in action circumstances co-trustee constructive trusts contingent conversion conveyance Court Court of Equity covenant creditors cy-près doctrine debt deceased declared deed devise direction discretion dividends doctrine duty election equity execution executors exercise gift given income indemnity infant intention interest investment jurisdiction L.J. Ch lease legacy legatee maintenance marriage mortgage paid payment person personalty power of appointment power of sale profits provision Public Trustee purchase realty receiver remainderman residuary residue resulting trust rule rule against perpetuities satisfaction securities settlement settlor shares solicitor Statute statutory subsequently supra tenant testator's death thereof transfer trust estate trust funds trust instrument trust moneys trust property Trustee Act void wife Zealand
Popular passages
Page 49 - in its legal sense comprises four principal divisions : trusts for the relief of poverty ; trusts for the advancement of education ; trusts for the advancement of religion ; and trusts for other purposes beneficial to the community, not falling under any of the preceding heads.
Page 40 - ... in order to render a voluntary settlement valid and effectual, the settlor must have done everything which, according to the stated by Turner, LJ, as follows: " I take the law of this Court to be done in order to transfer the property and render the settlement binding upon him.
Page 315 - Act, but has acted honestly and reasonably, and ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the Court in the matter in which he committed such breach, then the Court may relieve him either wholly or partly from personal liability for the same.
Page 174 - ... administrators of a deceased person or any of them, and the trustees under any deed or instrument or any of them, and any person claiming to be interested in the relief sought as creditor, devisee, legatee...
Page 80 - But, on the other hand, strangers are not to be made constructive trustees merely because they act as the agents of trustees in transactions within their legal powers, transactions, perhaps, of which a court of equity may disapprove, unless those agents receive and become chargeable with some part of the trust property, or unless they assist with knowledge in a dishonest and fraudulent design on the part of the trustees.
Page 407 - This section applies only if and as far as a contrary intention is not expressed...
Page 93 - ... be appointed for other parts of the trust property and any existing trustee may be appointed or remain one of such separate set of trustees ; or, if only one trustee was originally appointed, then one separate trustee may be so appointed for the...
Page 69 - The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold, whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser, whether in one name or several, whether jointly or successive, results to the man who advances the purchase money.
Page 315 - ... for impounding all or any part of the interest of the beneficiary in the trust estate by way of indemnity to the trustee or person claiming through him.
Page 265 - ... one-third part of the said surplusage to the wife of the intestate, and all the residue, by equal portions, to and amongst the children of such persons dying intestate, and such persons as legally represent such children, in case any of the said children be then dead...