Calenta University

TAGORE LAW LECTURES-1881.

THE LAW OF TRUSTS

IN

BRITISH INDIA.

WITH AN

APPENDIX,

CONTAINING

THE REGISTRATION OF SOCIETIES ACT (XXI OF 1860), RELIGIOUS ENDOW-
MENTS ACT (XX OF 1863), OFFICIAL TRUSTEES ACT (XVII OF 1864),
INDIAN TRUSTEE ACT (XXVII OF 1866), THE TRUSTEES' AND

MORTGAGEES' POWERS ACT (XXVIII OF 1866), THE

RELIGIOUS SOCIETIES ACT (I OF 1880), AND
THE INDIAN TRUSTS ACT (II OF 1882).

BY WILLIAM FISCHER AGNEW,

OF LINCOLN'S INN, ESQ., BARRISTER-AT-LAW, AUTHOR OF "A TREATISE ON THE
LAW OF PATENTS" AND "A TREATISE ON THE STATUTE OF FRAUDS."

CALCUTTA:

THACKER, SPINK AND CO.,
Publishers to the Calcutta University.

BOMBAY THACKER AND CO., LIMITED. MADRAS: HIGGINBOTHAM AND CO.
LONDON: W. THACKER AND CO.

1882.

TABLE OF CONTENTS.

Page

LECTURE I.

ORIGIN OF TRUSTS IN ENGLAND.

Origin of Trusts in England-Tenures - Feudal system

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Sub-infeuda-

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tion - Estates of freehold - Alienation of estates - Gifts to religious

houses-Mortmain Uses Statute of Uses Object of Statute

Legal and equitable estates- - Trusts among Hindus - Krishnaramini

Dasi's case-

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Tagore case-Trusts for creditors. Family religious

trusts- Legislation in India - Arrangement of subject

trust Must be confidence - Merger - Definition of terms - Kinds

of trust Simple trust Special trust - Ministerial and discretionary

trust Mixture of trust and power- Lawful and unlawful trusts -

Public and private trusts Executed and executory trusts

Austen v.

Taylor-Jervoise v. The Duke of Northumberland - Coape v. Arnold

- Executory trusts in marriage articles and wills - Distinction between

them - Marriage articles - Blackburn v. Stables - Jervoise v. Duke of

Northumberland - Will - Cy près - Intention General rules

Subject-matter of trust Trusts against policy of law-Title of

honor-Trusts of immoveable property without the jurisdiction of a

Court Penn v. Baltimore -- Act X of 1877, ss. 15, 16 -- High Courts'

Charter Letters Patent -- Suits for land-Foundation of jurisdiction

-Court of Equity acts in personam and not in rem Land may be in a

foreign country-Angus v. Angus

Privity Foundation of jurisdiction -- Injunction restraining proceed-

ing by other Courts Trusts of moveable property abroad - Object

must be lawful -- General rule for ascertaining whether trust lawful --

Indian Contract Act, s. 23-Trusts contrary to policy of law or

founded upon illegal contract void - Assignment of half pay -- Trusts

for future illegimate children - Trust for illegitimate children in being,

or en ventre sa mère-Trust forbidden by law Trusts postponing

enjoyment of property or restraining alienation Accumulation -- Per-

petuities among Hindus -- Restraint on alienation -- Condition restrain-

ing alienation after absolute gift Insolvency- Trust to cease on

bankruptcy or insolvency -- Trust to cease on happening of particular

event -- Clauses of forfeiture construed strictly Trust for immoral

purposes Failure of trust --Illegal purpose failing -- Must be a cestui

que trust

- Trust partly lawful and partly unlawful - Trust of immove-

able property in foreign country