RESULTING TRUSTS
(bouvier) | RESULTING TRUSTS, estates. Resulting, implied or constructive trusts, are
those which arise in cases where it would be contrary to the principles of
equity that be in whom the property becomes vested, should hold it otherwise
than as a trustee. 2 Atk. 150.
2. As an illustration of this description of a resulting trust, may be
mentioned the case of a contract made for the purchase of a real estate; on
the completion of the contract, a trust immediately results to the
purchaser, and the vendor becomes a trustee for him till the conveyance of
the legal estate is made. Again, when an estate is purchased in the name of
one person, and the purchase money is paid by another, there is a resulting
trust in favor of the person who gave or paid the consideration. Willis on
Tr. 55; 1 Cruise, Dig. tit. 12, s. 40, 41; Ch. Ca. 39; 9 Mod. 78; 7 Ves.
725; 3 Hen. & Munf. 367; 1 Supp. to Ves. jr. 11; Pow. Mortg. Index, h.t.; 2
John. Ch. R. 409, 450; 3 Bibb, R. 15, 506; 4 Munf. R. 222; 1 John. Ch. Rep.
450, 582; Sugd. on Vend. ch. 15, s. 2 Cox, Ch. Rep. 93; Bac. Ab. Trusts, C;
Bouv. last. Index, h.t. Vide Trusts; Use.
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