The Plaintiff, a widow, in the year 1880 caused a sum of pounds 6000 Consols to be transferred into the joint names of herself and the Defendant, who was her godson, and in whose welfare she took great interest. This transfer was not made known to the Defendant. In 1882 the Plaintiff, then eighty eight years old, married a second husband, and soon afterwards applied to the Defendant to re-transfer the stock into her name alone.
Held: Upon the evidence, that the transfer was originally made with the deliberate intention of benefiting the Defendant, and not with a view to
the creation of a trust. The Court could not, therefore, compel the Defendant to re-transfer the stock.
Judges:
Pearson J
Citations:
[1884] UKLawRpCh 162, (1884) 27 ChD 341
Links:
Jurisdiction:
England and Wales
Cited by:
At ChD – Standing v Bowring CA 18-Dec-1885
The Plaintiff, a widow, in the year 1880, caused pounds 6000 Consols to be transferred into the joint names of herself and the Defendant, who was her godson. She did so with the express intention that the Defendant, in the event of his surviving . .
Lists of cited by and citing cases may be incomplete.
Contract, Trusts
Updated: 04 May 2022; Ref: scu.656367