Jones returned from business trip and was reproved by
family for not bringing present for his baby son.
family for not bringing present for his baby son.
Produced cheque for £900 payable to himself and stated
it was for baby – placed in baby’s hand.
it was for baby – placed in baby’s hand.
Died 6 days later.
Court of Appeal unwilling to find father’s actions a
declaration of trust.
declaration of trust.
Jones did not intend to make declaration that he held
property in trust for child.
property in trust for child.
Lord Cranworth LC: ‘It would be of very dangerous
example if loose conversations of this sort, in important transactions of this
kind, should have the effect of declarations of trust’.
example if loose conversations of this sort, in important transactions of this
kind, should have the effect of declarations of trust’.
