Unit Six (case cards)

Question 1

Vandervell

Answer 1

HOL held that equitable interest can’t exist hanging in the air, not belonging to anyone, the equitable interest had to spring back to Vandervell therefore a resulting trust

Question 2

Morice

Answer 2

failed because of beneficiary principle, so money sprang back to deceased next of kin

Question 3

Essery

Answer 3

marriage settlements, essery made marriage settlement in consideration of intended marriage, transferred a load of shares to trustees for her, husband, and children for life. They never got married, so court held she could get money back on resulting trust principles.

Question 4

Re Ames

Answer 4

express trust failed as marriage never consunmated

Question 5

Re Trusts

Answer 5

people contrivuted to a fund to look after 2 disabled ladies, when they died there was still money left. Resulting trust created… money goes back

Question 6

Gillingham

Answer 6

although inconvienient still resulting trust

Question 7

Re West Sussex

Answer 7

Court held larger donations sprung back on resulting trust and money in collection boxes etc went to the crown

Question 8

Re Vinogradoff

Answer 8

grandmother put money into trust for herself and grandaughter (4 years old)… grandmother died, law of supervision - passed to child, but resulting trust came in and sprang back to grandmother.

Question 9

Hodgson

Answer 9

nan gave house to lodger, he sold house, she had resulting trust as transfer with no consideration