Express Trust - formalities Flashcards
1
Q
May be established orally
A
Paul v Constance 1977
2
Q
Trust for land must be ‘manifested and proved in writing’
A
s.4 Statute of Frauds 1695
3
Q
Equity will not allow statute to be used as an instrument of fraud
A
McCormick v Grogan 1869
4
Q
Repudiation is considered fraud
A
McGillycuddy v Joy 1959
5
Q
‘every endeavour should be made to elicit from the content of the instrument, the intentions of the testator’
A
Re Parker 1966 Budd J
6
Q
A
