''Fowkes v Pascoe'' (1875) LR 10 Ch App 343 is an

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 ...

case, concerning the circumstances when a

resulting trust A resulting trust is an implied trust that comes into existence by operation of law, where property is transferred to someone who pays nothing for it; and then is implied to have held the property for benefit of another person. The trust property ...

arises.

Facts

Mrs Baker bought two sums of stock. One was put in the names of herself and a young lodger called Mr Pascoe, who she treated like a grandson. The other was in her and her friend's name. It was argued by the executor, Fowkes, that when Mrs Baker died Pascoe held the stock on resulting trust.

Judgment

James LJ held that although a presumption of a resulting trust applied, it was rebutted on the facts, because plainly Mrs Baker intended to make a gift to Mr Pascoe.

Notes

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References

* English trusts case law Court of Appeal (England and Wales) cases 1875 in British law 1875 in case law

Facts

Judgment

See also

Notes

References