Milroy V Lord
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Milroy V Lord
''Milroy v Lord'' [1862EWHC J78is an English trusts law case that held trusts should not be used to save gifts from being defeated. It purported to follow one of the maxims of equity that "Equity will not assist a volunteer". Facts Thomas Medley held shares in a company called the Bank of Louisiana, and wished to transfer them. The bank required the shares be transferred according to regulations in the company constitution. He wanted to give them to his niece, Eleanor Milroy (maiden name Dudgeon). He signed a deed in Louisiana with Samuel Lord, for Lord to hold 50 shares on trust for Eleanor. (This was in fact made in consideration of $1, but this was ignored.) He also gave Lord a power of attorney to receive dividends on the shares and to comply with the company constitution's formalities. Lord did not actually do it. Thomas Medley lived for three years after signing the deed with Samuel Lord, in which Samuel Lord was receiving dividends and passing them on. When Thomas Medley di ...
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Bank Of Louisiana
The Bank of Louisiana building is located at 334 Royal Street, New Orleans, Royal Street in the French Quarter of New Orleans, Louisiana. It was added to the National Register of Historic Places in 1973. It was designed by architects Bickle, Hamlet & Fox and completed in 1826. After a fire, the bank was repaired in 1863 under architect James Gallier. It is a two-story brick masonry building, with exterior coated with smooth cement stucco and painted. It has full-height engaged Doric order, Doric columns with Ionic order, capitals which support a classic cornice, which was once surmounted by a balustrade, behind which was the hipped roof. Its interior has Ionic pilasters. The property is enclosed by "a fine iron fence and gates". With In 2011 it was serving as a police sub-station with a tourist information desk. References

Bank buildings on the National Register of Historic Places in Louisiana Commercial buildings completed in 1827 French Quarter National Registe ...
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New Orleans
New Orleans ( , ,New Orleans
Merriam-Webster.
; french: La Nouvelle-Orléans , es, Nueva Orleans) is a Consolidated city-county, consolidated city-parish located along the Mississippi River in the southeastern region of the U.S. state of Louisiana. With a population of 383,997 according to the 2020 U.S. census, it is the List of municipalities in Louisiana, most populous city in Louisiana and the twelfth-most populous city in the southeastern United States. Serving as a List of ports in the United States, major port, New Orleans is considered an economic and commercial hub for the broader Gulf Coast of the United States, Gulf Coast region of the United States. New Orleans is world-renowned for its Music of New Orleans, distinctive music, Louisiana Creole cuisine, Creole cuisine, New Orleans English, uniq ...
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Knight-Bruce LJ
Sir James Lewis Knight-Bruce, (born James Lewis Knight; 15 February 1791 – 7 November 1866) was an English barrister, judge and politician. Life He was the youngest son of John Knight of Fairlinch, Devon, by Margaret, daughter and heiress of William Bruce of Llanblethian, Glamorgan. He was born at Barnstaple on 15 February 1791, and was educated at King Edward's grammar school, Bath, and at Sherborne. He left Sherborne in 1805, and, after spending two years with a mathematical tutor, was articled to a solicitor in Lincoln's Inn Fields. When his articles had expired, he was admitted a student of Lincoln's Inn on 21 July 1812. On 21 November 1817 Knight was called to the bar, and for a short time went the Welsh circuit. The increase of his chancery practice soon caused him to abandon the common law bar, and he confined himself to practising in the equity courts. In Michaelmas term 1829 he was appointed a king's counsel, and on 6 November in the same year was elected a bench ...
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Turner LJ
Sir George James Turner (5 February 1798 – 9 July 1867) was an English barrister, politician and judge. He became a Lord Justice of Appeal in chancery. Life Born at Great Yarmouth on 5 February 1798, he was the youngest of eight sons of Richard Turner, for many years the vicar there; William Turner was his elder brother. George was educated at Charterhouse School and then at Pembroke College, Cambridge, where his uncle Joseph Turner was Master. He graduated B.A. in 1819, was elected a Fellow, and proceeded M.A. in 1822. He was called to the bar at Lincoln's Inn in 1821. After building up an extensive practice as a junior counsel, Turner was made a Queen's Counsel in 1840. In 1847 he was elected, in the Conservative interest, Member of Parliament for Coventry, and represented the borough until his promotion to the bench in April 1851. He introduced and carried the measure known as "Turner's Act" ( Court of Chancery (England) Act 1850, ''An Act to diminish the delay and expens ...
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English Trusts Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fun ...
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Maxims Of Equity
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness. They were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts. Although the most fundamental and time honored of the maxims, listed on this page, are often referred to on their own as the 'maxims of equity' or 'the equitable maxims',The first equitable maxim is 'equity delights in equality' or equity is equality Like other kinds of legal maxims or principles, they were originally, and sometimes still are, expressed in Latin. Role of maxims Maxims of equity are not a rigid set of rules, but are, rather, general principles which can be derived from in spe ...
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Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is bordered by the state of Texas to the west, Arkansas to the north, Mississippi to the east, and the Gulf of Mexico to the south. A large part of its eastern boundary is demarcated by the Mississippi River. Louisiana is the only U.S. state with political subdivisions termed parishes, which are equivalent to counties, making it one of only two U.S. states not subdivided into counties (the other being Alaska and its boroughs). The state's capital is Baton Rouge, and its largest city is New Orleans, with a population of roughly 383,000 people. Some Louisiana urban environments have a multicultural, multilingual heritage, being so strongly influenced by a mixture of 18th century Louisiana French, Dominican Creole, Spanish, French Canadian, Acadi ...
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Court Of Appeal In Chancery
The Court of Appeal in Chancery was created in 1851 to hear appeals of decisions and decrees made in the Court of Chancery, Chancery Court. The appeals in the court were heard by the Lord Chancellor alone, or as a tripartite panel (supplemented by two Lords Justices of Appeal). Cases here could be further appealed to the House of Lords. Previous mechanism Prior to the creation of the Court of Appeal in Chancery, the Lord Chancellor of the Chancery Court heard appeals as part of the Chancery Court caseload. Functions The court was created in 1851 to hear appeals of decisions made by the Vice Chancellors and the Master of the Rolls in Court of Chancery, Chancery Court. The appeals in the court were heard by the Lord Chancellor alone as under the previous mechanism, or as a tripartite panel (supplemented by two Lords Justices of Appeal). Cases here could be further appealed to the House of Lords. Successor court The Court of Appeal in Chancery became incorporated into and superse ...
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Strong V Bird
''Strong v Bird'' 874LR 18 Eq 315 is an English property law case. It is an exception to the maxim: ''Equity will not assist a volunteer''. Facts Bird borrowed £1,100 from his stepmother. She was living with him and paying him rent. It was agreed by both parties that the loan was to be repaid by a reduction in the rent, until the loan was settled. Bird’s stepmother only paid the reduced rent twice. Thereafter, she paid the full rent until her death. On her death, she appointed Bird as her executor and the next of kin now attempted to recover the debt from Bird. The conduct of his stepmother (stopped paying the reduced rent as per their agreement) does not discharge the debt at law because there was no consideration provided for the release. The issue was whether Bird must pay back the loan. Judgment The appointment of Bird as the executor was an evidence that the loan to Bird was a gift to him. This is because the executor is responsible for calling in debts to the testator's ...
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Re Rose
is a case in English trusts law and English property law. It established that if a donor has done everything that can be expected of him to transfer legal title, but the transfer is delayed by the routine operation of the law then the gift is still effective. This is sometimes called the "Re Rose principle", or the "every effort rule".M Haley and L McMurty, ''Equity & Trusts'' (2014) 95 Facts Mr Eric Rose wished to transfer shares in the Leweston Estates Co to Mrs Rose, in consideration of her love and affection. He filled in the share transfer forms on 30 March 1943, and handed them to the Mrs Rosamond Rose, who gave them to the company. The company directors could refuse to register share transfers. But the company registered the claimants as shareholders in Mr Rose’s place on 30 June 1943. Mr Rose died on 16 February 1947. The Inland Revenue wished to charge a tax, estate duty, on the transfer. It claimed the gift was not effected before 10 April 1943, so the tax was due. T ...
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T Choithram International SA V Pagarani
was a decision of the Judicial Committee of the Privy Council on appeal from the British Virgin Islands in relation to the vesting of trust property in a trustee. Facts Mr Thakurdas Choithram Pagarani wanted to start a foundation called the Choithram International Foundation. He was dying of cancer. He drew up a trust deed, including himself a trustee. He travelled from his business based in Dubai and had a ceremony at his son's home in London. On 17 February 1992, with people gathered at his bedside, Mr Pagarani announced he was transferring his money to a Jersey trust for his proposed philanthropic foundation. Witnesses differed in the precise words, but the generally accepted substance as to what he was thought to have said was: "I now give all my wealth to the Trust" or "I have given everything to the Trust". Mr Pagarani executed the trust deed in front of three trustees (who also signed), his accountant and the First Secretary of the Indian High Commission. He told the grou ...
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English Trusts Case Law
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