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... The Ohio Nisi Prius Reports - Seite 389von Ohio. Courts - 1922Vollansicht - Über dieses Buch
| New Jersey. Court of Chancery - 1914 - 768 Seiten
...concern himself no further about it. If, says the master of the rolls, in the case cited, the gift is intended to take effect by transfer, the court...would be made effectual by being converted into a nerfect trust. Farrell r. I'nssnic Water Co. 82 Eg. If, then, the complainant has a valid title, it... | |
| 1874 - 1086 Seiten
...which I have referred, 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 will...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... | |
| 1874 - 486 Seiten
...effectuated by one of these modes, w court will not give effect to it by applying another of them. If * is intended to take effect by transfer, the court will not hold tl intended transfer to operate as a declaration of trust, for then every imperfect instrument would... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1905 - 798 Seiten
...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 [75 NY 134] and kindred cases cannot... | |
| 1874 - 714 Seiten
...Lord (4 DF & J. 264), and that where a gift was intended to take effect by transfer, the Court would not hold the intended transfer to operate as a declaration of trust. The demurrer must bo allowed. Solicitors : Gregory & Co., agents for ('arlyon & Puutt, Truro; TD Bollón,... | |
| 1888 - 564 Seiten
...aid the donee by construing it into a declaration of trust. In Milroy v. Lord, 4 De Gex, F. A J. 274, in referring to the modes of making a voluntary settlement,...delivering it change his mind; and in such case equity will not virtually divest him of his property by creating a trust in favor of a volunteer. By the civil... | |
| 1885 - 550 Seiten
...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... | |
| 1872 - 536 Seiten
...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." We may further add, that for the purposes of the present discussion, a gift is not the less complete... | |
| Charles Davidson - 1873 - 780 Seiten
...effectuated in one mode, the Court will not give effect to it by applying another mode ; so that " if it is intended to take effect by transfer, the Court...effectual by being converted into a perfect trust." However, in Airey v. Hall (3 Sm. & Gif. 315), a voluntary assignment of a sum of stock in the settlor's... | |
| 1904 - 1108 Seiten
...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... | |
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