Constructive Trust - Law Dictionary Search Results
fraud
fraud committed with the actual intent to deceive and thereby injure another called also fraud in fact compare constructive fraud in this entry collateral fraud : extrinsic fraud in this entry constructive fraud : conduct that is … would have and it is against public interests (as because of the violation of a public or private trust or confidence, the breach of a fiduciary duty, or the use of undue influence) called also legal fraud
Charity Commissioners
of worship, and charities wholly supported by voluntary contributions; see s. 62 of the Act of 1853, the construction of which has given rise to great difficulties, and the judgment of Davey, L.J., in Re Clergy Orphan … Commissioners. The Charity Commissio-ners for England and Wales are a body appointed under the provisions of the Charitable Trusts Acts, 1853 to 1925, and their powers and duties are to be found in these Acts. They exercise
Reservoirs
to charge their estates with the expense. Reservoirs are among the 'improvements' which may be made with capital trust money under the (English) Settled Land Act, 1882; see s. 25 (xiii.); now under the (English) Settled Land … Reservoirs. As to construction of reservoirs, see (English) Waterworks Clauses Acts, 1847 (10 & 11 Vict. c. 17) and 1863 (26 &
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principal
sum earning interest, due as a debt, or used as a fund [shall receive the income from the trust until age 18, and thereafter the ] [payments shall be applied first to interest and then to ] … b : one who commits a crime or instigates, encourages, or assists another to commit it esp. when constructively or actually present see also accessory principal in the first degree : a principal under common law who
Uses
in the term of which the legal reversion could be released. See LEAE AND RELEASE. (3) Active and constructive uses. When the use involves a direction to sell the estate and then divide the proceeds of the … debts by the heir or executor. There appears to have been a distinction between a use and a trust, even before the Statute of Uses. A special trust appears to have arisen where the feoffee to uses
Tail
interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person … in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which these were converted on the 1st January, 1926, or created after that date.
Deed
as an aid to collect the intention of the parties to the instrument, and a key to its construction. Thus a recital may restrain the effects of general phraseology in the operative part of a deed, and … lesser. Then consenting parties and covenantors. After these, those who take any estate or interest, and, amongst these, trustees follow real owners. Lastly, those who are inserted to fix them with notice of the deed, as creditors,
Fraud
Vane, (1873) LR 8 Ch 383; Lawrance v. Lord Norreys, (1890) 15 App Cas 210; see also LACHES. Constructive fraud. Such acts or contracts as, though not originating in any actual evil design or contrivance to perpetrate … over others; such are transactions between parent and child, attorney and client, principal and agent, guardian and ward, trustee and cestui que trust, partners, etc. Others are of a mixed character, combining the ingredients of the preceding
Priority
give effect to prior equitable claims of which he has notice, whether verbal or written, or actual or constructive, Torkington v. Magee, (1902) 2 KB 427. The notice does not, under the rule in Dearle v. Hall, … to whom notice must be given and, in their absence, for the indorsement of a memorandum on the trust instrument are provided by the section, see Dearle v. Hall. In regard to mortgages: before 1926, puisne mort-gagees
Cy-pres
length. But this sensible distinction now prevails, that the court will not decree the execution of a charitable trust in a manner different from that intended, except so far as it is seen that the intention cannot … Cy-pres (near to it). The principle of this doctrine of construction is, that where a testator hs two objects,one primary or general and the other secondary or particular, which
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