ABSTRACT

JUDGMENT ‘If A intends to give away all his benefi cial interest in a piece of property and thinks he has done so but, by some mistake or accident or failure to comply with the requirements of the law, he has failed to do so, either wholly or partially, there will, by operation of law, be a resulting trust for him of the benefi cial interest of which he had failed effectually to dispose. If the benefi cial interest was in A and he fails to give it away effectively to another or others or on charitable trusts it must remain in him. Early references to equity, like nature, abhorring a vacuum, are delightful but unnecessary . . .’