Moss v Cooper
1861 · (1861) 1 John & H 352
Posted By lanbuk.com
- Facts
- A testator left property to three people, telling them he wished it used for charity. Two agreed. The third said nothing.
- Issue
- Was the silent legatee bound?
- Held
- Yes. Silence after being told of the was acceptance.
- Principle
- Acceptance of a may be by silence.
- Why it matters
- It confirms that acceptance need not be express.
Words and Latin in this note
- Secret trust
- A trust that a legatee under a will has privately agreed to carry out. In a fully secret trust the will shows no trust. In a half-secret trust the will shows a trust but not its terms. Open the note.
- Trust
- An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.