Executory Trusts - Judgment Search Results

Mariam Bai Vs. Mohamed Jaffar Abdul Rahiman Sait and ors

Court: Chennai

Reported in: AIR1973Mad191

Trusts and Trustees'. 12th Edn. at pages 158 and 159, it is stated that in the construction of executory trusts, the Court is not confined to the languages used and that where, therefore, such language is improper or

In Re: C.M. Hunter; in Re: Xxviii Act of 1866

Court: Kolkata

Reported in: (1879)ILR4Cal420

the legacy, subject to be divested upon her dying at any time unmarried, and further subject to an executory trust in favour of her children in the event of her marrying at any time, and that consequently … directing that all monies inherited by his daughters under the will should be placed in the hands of trustees appointed by the guardians, to be settled on them for the sole use of themselves and their lawful

Sapna Benefit Trust Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Pune

Reported in: (1988)24ITR249(Pune.)

as below : Underbill's Law of Trusts and Trustees Butterworth's 1979 Edn. page 223 : Article 20 : Executory Trusts are construed as strictly and executed Trusts : 1. In the construction of executed trusts, technical terms are … of executed trusts, technical terms are construed in their legal and technical sense. 2. In the construction of executory trusts, the court is not confined to the language used. Where, therefore, such language is improper or informal, or

Ebrahim Peer Mohamed Vs. Kissen Gopal Bagree and ors.

Court: Kolkata

Reported in: AIR1937Cal180

in favour of volunteers and trusts in favour of non-volunteers, (iii) Thirdly, they are divided into 'executed' and 'executory' trusts: see Halsbury Article 85, Underhill, 5, 6 and 8, Halsbury, Article 37. It seems to me there is

Venkatachalapathi Aiyar Vs. China Muna Chakrapani Aiyar

Court: Chennai

Reported in: AIR1922Mad83; 66Ind.Cas.844; (1922)42MLJ258

belonged to him, It is not necessary to decide this point for as between parties the doctrine of executory trusts does not apply. In cases of contract that doctrine is applicable only in cases like marriage settlements where

A.R. Iswaram Pillai Vs. S. Taregan and ors.

Court: Chennai

Reported in: AIR1914Mad701; (1914)26MLJ127

and so long as the trust is not complete it is what in another connection is called an executory trust as distinguished from an executed trust ; and until the trust is executed there will be no … would be payable to the plaintiff through a trust or otherwise, or, to use the terms of the Trusts Act by determining whether the defendants agreed to annex to their ownership of the money the obligation of

Roop Laul and ors. Vs. Lakshmi Doss

Court: Chennai

Reported in: (1906)ILR29Mad1

name of Kalika Does invested in salt trade carried on by a partner, there was only a voluntary executory trust, and there is nothing to show that this sum was even converted into trust property. There is … matter made. The instrument provides a detailed scheme for the future maintenance and administration of the charities and trusts and for the appointment of a trustee and of a Dharmakartha or Manager under the trustee. It enumerates

Ould Vs. Washington Hospital for Foundlings

Court: US Supreme Court

limitation of the estate vested in them; 3. that the duty with which they were charged was an executory trust, and their conveyance was necessary to and did pass the title. 2. The statute of 43 Eliz., … of courts of equity over them, does not depend upon it. 3. The doctrine of charitable uses and trusts discussed, and the authorities bearing upon it cited and approved. This is an action of ejectment by the

Lewis Vs. Darling

Court: US Supreme Court

to give to him any of those rights or imposing upon him any of the obligations of an executorial trust. It is a suit against a defendant who is charged with having received large sums of money … charged with the payment of legacies where a testator gives several legacies, and then, without creating an express trust to pay them, makes a general residuary disposition of the whole estate, blending the realty and personalty together

Neves Vs. Scott

Court: US Supreme Court

while "courts of equity will not enforce a mere gratuitous gift, or a mere moral obligation or voluntary executory trust, it is otherwise, of course, where the trust is already vested." On the former argument in this … which, being decided in favor of the complainant, would dispose of the cause. The first was whether the trusts manifested by this particular instrument, were what a court of equity deems executed trusts -- that is, trusts