Re Vinogradoff
1935 · [1935] WN 68
Posted By lanbuk.com
- Facts
- Mrs Vinogradoff transferred war loan stock into the joint names of herself and her young granddaughter.
- Issue
- Did the granddaughter take the stock on the grandmother's death?
- Held
- No. Farwell J held there was a for the grandmother, so the stock was part of her estate.
- Principle
- A voluntary transfer of raises a presumption of resulting trust.
- Why it matters
- It is a standard illustration of the presumption.
Words and Latin in this note
- Resulting trust
- A trust under which the beneficial interest goes back to the person who provided the property, because he is presumed not to have meant a gift, or because an express trust did not use up the whole interest. Open the note.
- Personalty
- Property other than freehold land. Money, goods, and, for historical reasons, a lease, which is a chattel real. 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.