Resulting Trust

Resulting Trust in United States

Resulting Trust Definition

A trust raised by implication or construction of law, and presumed to exist from the supposed intention of the parties and the nature of the transaction. All trusts created by implication or construction of law are often included under the general term “implied trust;” but these are commonly distinguished into implied or resulting and constructive trusts ; resulting or presumptive trusts being those which are implied or presumed from the supposed intention of the parties and the nature of the transaction; constructive trusts, such as are raised independently of any such intention, and which are forced on the conscience of the trustee by equitable construction and the operation of law. Story, Eq. Jur. § 1095; Hill, Trustees, 91; 1 Spence, Eq. Jur. 510; 2 Spence, Eq. Jur. 198; 3 Swanst. 585; 1 Ohio, 321; 6 Conn. 285; 2 Edw. Ch. (N. Y.) 873; 6 Humph. (Tenn.) 93. See “Trust.”

Resulting Trust in Foreign Legal Encyclopedias

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Resulting Trust Resulting Trust in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

A trust raised by implication or construction of law, and presumed to exist from the supposed intention of the parties and the nature of the transaction. All trusts created by implication or construction of law are often included under the general term “implied trust;” but these are commonly distinguished into implied or resulting and constructive trusts ; resulting or presumptive trusts being those which are implied or presumed from the supposed intention of the parties and the nature of the transaction; constructive trusts, such as are raised independently of any such intention, and which are forced on the conscience of the trustee by equitable construction and the operation of law. Story, Eq. Jur. § 1095; Hill, Trustees, 91; 1 Spence, Eq. Jur. 510; 2 Spence, Eq. Jur. 198; 3 Swanst. 585; 1 Ohio, 321; 6 Conn. 285; 2 Edw. Ch. (N. Y.) 873; 6 Humph. (Tenn.) 93. See “Trust.”

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This definition of Resulting Trust is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Resulting Trust in the context of Real Estate

Resurces

See Also

  • Constructive Trust

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