Secret trusts in Blackwell v Blackwell

Secret faiths in Blackwell v BlackwellFor the prevention of faker comeliness fastens on the conscience of the legatee a corporate trust which would differently be inoperative in another(prenominal) words, it makes him do what the leave behind has nothing to do with, it lets him take what the will gives him, and then makes him apply it as the Court of sense of right and wrong directs, and it does so in order to give effect to the wishes of the testator, which would not otherwise be effectual per Viscount Sumner in Blackwell v Blackwell 1929 A.C. 318, 335. Discuss this view explaining the practical and statutory problems the approach creates, the nature of the fraud, and whether it is a sufficient justification for the acknowledgment of both fully privy(p) and half secret trusts.Let us commence with a brief examination of the existent circumstances which occurred in this solecism A testator, by a codicil, bequeathed a legacy of 12, 000 to five persons to apply for the purpo ses indicated by me to them. preceding to the execution of this codicil, the terms of the trust were communicated to the legatees and the trust was accepted by them. The beneficiaries were the testators mistress and her illegitimate son. The plaintiff sought from the courts a declaration that no such valid trust in favour of the objects had been created on the ground that parole evidence was inadmissible to establish such a trust.Approaching this factual situation as a probate lawyer, one would not be criticised for suggesting that the trusts in question were invalid for failure to comply with the formality rentments of s9 of the Wills Act 1837, which require a will, or any other testamentary disposition, to be in writing, signed by the testator and two witnesses. Viscount Sumner in Blackwell v Blackwell1 except did find that these trusts were valid, in spite of this statuteThe in a higher place excerpt, from the dicta of Viscount Sumner in Blackwell v Blackwell, argues that the enforcement of a semi-secret trust does not in fact contravene the aforesaid statutory provision. Viscount Sumner reasons that the trust in question is in fact created inter vivos, and as such operates outside of the will the testator communicated the trust to the proposed trustees who accepted it, the trust beseeming fully constituted upon execution of the will and transfer of the trust property to these trustees. In this way, he argues that enforcement of the trust is not due to the will document itself, or else the previous agreement made between the trustees and testator secret trusts therefore operate outside of the will itself and as such argon not root word to the formality requirements contained in s9 of the Wills Act 1837 the whole basis of secret trusts, as I understand it, is that they operate outside the will, changing nothing that is written in it, and pass oning it to operate according to its tenor, but then fastening a trust on to the property in the hands of the recipient.2 Viscount Sumner therefore argues that the enforcement of semi-secret trusts should be governed by trust law and not through the rules of probate.This conclusion is certainly neat, and prima facie, does seem to satisfy the concerns of the probate lawyer, but if Viscount Sumners argument is to be accepted, and we are to harmonise to the notion that the applicable principles to be applied to the above facts lie within the sole jurisdiction of trust law, then surely we could expect that there would be a vast body of case law which we could rely upon to support his argument. The truth however is that, despite its beauteous simplicity, there are real effective problems in reconciling this theory with our orthodox principles of trust law the permission of a trust, which purports to bind after-acquired property, is irreconcilable with the established trust law rule that it is unworkable to declare an immediate trust of future property3, or a trust which binds such property w henever in is received4. These are not minor concerns, nor the only concernsCritchley5 argues that this standstill is also flawed in that Viscount Sumner has confused the notions of outside the will with outside the Wills Act, incorrectly relying on the reasoning in the case of Cullen v attorney General for Northern Ireland6, which was a decision relating to tax statutes rather than to the formal requirements of the Wills Act, and was as such within an entirely different legal contextOn top of this, Pearce and Stevens7 convincingly argue that the case of Re Maddock8 is wholly inconsistent with Viscount Sumners view In this case, a testatrix, by her will, left her residuary farming of the realm absolutely to X whom she appointed one of her executors. By a subsequent memorandum communicated to X during her biography, she directed X to hold part of the residue upon trust for named beneficiaries. There were insufficient assets to invent the debts of the estate. The legal issue was whether or not the secret beneficiaries took their interest subject to the payment of the debts. Cozens-Hardy LJ argued that the so called trust does not allude property except by reason of a personal obligation binding the individual devisee or legatee. If he renounces or disclaims, or dies in the lifetime of the testator, the persons claiming under memorandum can take nothing against the heir at law or next of kin or residuary devisee or legatee. Viscount Sumners reasoning however suggests that since the trustee takes as trustee on the side of meat of the will, the trust should not fail in the ways suggested by Cozens-Hardy in the above dicta.The legal problems and inconsistencies with Viscount Sumners justification must lead us to the conclusion that such trusts cannot be accounted for under the rules of inter vivos trusts we must therefore accept that their creation does in fact mark a departure from the Wills Act 1837.This does not mean that such a view is necessarily unjust ified and outside the oscilloscope of Equitys jurisdiction after all, Equity is the court of conscience, and as the age old maxim states Equity will not allow a statute to be used as an engine of fraud. Therefore, if it can be demonstrated that the permission of semi-secret trusts is preventing such fraud, then, despite the legal problems and inconsistencies discussed above, we whitethorn still be able to find adequate justification for the existence of such trusts. As Vaughan Williams L.J. asserted, in the case of Re Pit Rivers 19029, the court will never give the go-by to the provisions of the Wills Act by enforcing any one testamentary disposition not expressed in the shape and form undeniable by the Act, except in the prevention of fraud.Clearly therefore, whether or not this justification will apply to any given case depends upon which definition of fraud is subscribed to in that case. In McCormick v Grogan10, the fraud being protected was that of the secret trustee it is onl y in clear cases of fraud that this doctrine has been appliedcases in which the Court has been persuaded that there has been a fraudulent inducement held out on the part of the apparent beneficiary in order to lead the testator to hope to him the duty which he so undertook to perform. The protection of this type of fraud has been held out, and confirmed in subsequent cases, to be the traditional justification for the existence of the doctrine of secret trusts. However, in the case of semi-secret trusts such as the type of trust at issue in the case of Blackwell v Blackwell such fraud is not possible the face of the will makes it quite clear that the secret trustee is not to take the property beneficially, and should the contents of the trust be denied by that trustee, the property would return to the estate by way of consequenceing trust. And yet in cases involving half-secret trusts, we can still see the courts employing justification-arguments based on fraud. In such cases, a wi der conception of fraud has been busy it is not the personal fraud of the purported legatee, but a general fraud committed upon the testator and the beneficiaries by reason of the failure to observe the intentions of the former and of the desolation of the beneficial interests of the latter.It was this argument put forward in the case of Riordan v Banon11 it appears that it would also be a fraud though the result would be to whelm the expressed intention for the bene follow of the heir, next of kin or residuary donee, and it was this passage which was cited by Hall V.C. in the case of Re Fleetwood12, a case which was relied upon by Viscount Sumner in the formulation of his judgement It seems to me that, apart from legislation, the application of the principle of Equity in Fleetwoods case was logical, and was justified by the same considerations as in cases of fraud and absolute gifts. Why should equity forbid an honest trustee to give effect to his promise, made to a deceased tes tator, and compel him to pay another legatee, about whom it is quite certain that the testator did not mean to make him the object of his bounty?Challinor13 argues that the fraud theory has been extended in an substitute way in order to encompass a justification of half-secret trusts and the modern case law. A huge flaw exists in making such an appendix she argues that equitys willingness to respect a testators wishes where that testator has not met the formality requirements as stipulated by s9 of the Wills Act is inconsistent with its approach to other commonplace situations in which a testators wishes are not respected by Equity in the same way for example, purported beneficiaries under ineffective wills are routinely deprived of property which testators or settlers would desire them to have, simply because wills and trusts have not been put into effect in the proper manner. She argues that the traditional equitable maxim that equity will not permit a statute to be used as an e ngine of fraud must be adapted to something more care equity will not allow a statute to be used so as to renege on a promise if it is to fit within the situations envisaged in Blackwell v Blackwell. The effect of such a mild form of fraud theory is to shift the focus onto potential, rather than actual, wrongdoing the polity aim underlying it is gum olibanum proactive (or preventative) rather than reactive (or curative).In conclusion therefore, Viscount Sumners view as to the enforcement of secret and semi-secret trusts is one which creates a way out of practical problems. It gives testators a valid reason for not observing the statutory formality normally applicable in making a will. These statutory formalities are in place for the very purpose of preventing personal fraud, and in light of this, it seems odd that Viscount Sumner should support a view which in itself gives testators the option of bypassing these precautions and thus increasing their risks to such fraud, especia lly in light of the fact that the underlying justification in his viewpoint is one of ensuring that the testators true intentions are honoured. I must therefore conclude that in light of its legal problems and inconsistencies, the artificial nature of the fraud it seeks to prevent, the practical problems which arise as a result of acknowledging such trusts, the view expressed by Viscount Sumner in the case of Blackwell v Blackwell does not provide a sufficient justification for the acknowledgment of both fully secret and half secret trusts.BibliographyCritchley, Instruments of Fraud, Testamentary Dispositions, and the Doctrine of Secret Trusts (1999) 115 L.Q.R. 631Pearce Stevens, The justice of Trusts and Equitable Obligations (2nd ed., London, 1998)Conveyancer and piazza fairnessyer 2005. DEBUNKING THE MYTH OF SECRET TRUSTS Emma ChallinorMoffat, Trusts Law Text and Materials 3rd edFootnotes1 1929 A.C. 318, 3352 Megarry V.C in Snowden, Re 1979 2 All E.R. 172 at 177, expressing t he same viewpoint as Viscount Sumner in Blackwell case3 Williams v C.I.R. 1965 N.Z.L.R. 3954 perm Trustee Co v Scales (1930) 30 S.R. (N.S.W.) 3915 Critchley, Instruments of Fraud, Testamentary Dispositions, and the Doctrine of Secret Trusts (1999) 115 L.Q.R. 631 at 635 and 6416 Cullen v Attorney-General for Ireland (1866) L.R. 1 H.L. 190 at 198, per Lord Westbury.7 Pearce Stevens, The Law of Trusts and Equitable Obligations (2nd ed., London, 1998), p.2228 Maddock, Re 1902 2 Ch. 2209 Pit Rivers, Re 1902 1 Ch. 40310 McCormick v Grogan (1869) L.R 4 H.L. 82 at 8911 (1876) 10 Ir. Eq. 46912 (188) 15 Ch.D. 594 at 606-60713 Conveyancer and Property Lawyer 2005. DEBUNKING THE MYTH OF SECRET TRUSTS Emma Challinor

Essay --

Linguistic profiling is the auditory form of racial discrimination by making concept solely based on the way a person speaks and sounds. This type of racial discrimination has been detected in regards to housing, job opportunities and the criminal law. The effects of lingual profiling is detrimental to individuals who are perceived as having an undesirable dialect. These perceptions often lead to stereotypical misconceptions that society has created or attached to a certain hotfoot group. Dr. John Baugh, a professor of linguistics from Stanford University of California, was the inventor of this term. He conducted an experiment to examine the reaction of Americans to dissimilar accents. He calls properties that are advertised for rent and uses different accents. He uses an African American accent, a Latino accent and finally a neutral American accent. During these calls there was no mention of job history, qualifications, quote scores or educational background. His findings conc luded that the minority dialects inquiries were often disregarded particularly in the affluent communities. Many times the researchers determined that those with the minority accent were often told by the property managers that there were no Ladesh 2 vacancies, provided openings were available to those who spoke in a Standard English accent. Those who sound colour get the appointment, Baugh says. When challenged in lawsuits, umpteen businesses deny that they can determine race or ethnicity over the phone. However, Baughs ongoing study shows that over the phone many Americans are able to accurately guess the age, race, sex, ethnicity, region of heritage and other social demographics based on a few sentences, even just a hello. (.) Baugh ... ... confused and even shocked. That is when John realized that when he spoke to them on the phone he used his professional voice and often he was criticized for seem white. Thats when he made the discovery that they were shocked bec ause they expected him to be white. In fact, four agents told him the properties were no longer available. This whole idea of linguistic profiling encompasses steering, redlining, and overall racial discrimination towards individuals based on their personal characteristics. The assumptions and preconceived notions, the stereotypical associations are what is keeping racism alive. The way Ladesh 7in which we talk shouldnt be a negative, but in fact should be embraced by our cultural differences. The content of our words can be debated and questioned, but the way we sound when we speak these words should not.

Role of Espionage in American History Essay -- American History Spying

Role of Espionage in American History fellowship is power. It is as simple as that. Espionage is the secret gathering of information, often referred to as intelligence. comprehension refers to the processed information needed to make any decision. This could be used for business, military, economic, or political decisions. More often than not, this term refers to domestic or external policy of a country. Espionage is illegal in all countries, yet all countries have almost form of espionage organization. The inaugural espionage act was recorded 2500 years ago. The first book on espionage, The Art of War was written by a Chinese emperor/general Sun Tzu in about 500 BC. in that respect is another type of espionage, counter-espionage. This is the collection of information of any espionage (Ransom 1).American espionage is particularly important. It has got us where we are today. Without it, we wouldnt have got passed the Revolutionary War, and our independence. From the Revolutionar y War to the exceedingly technical world of today, espionage in America has always compete a role in shaping American history. The Revolutionary War was the war for American independence.The intelligence gathering ability of the Americans was not very good.Foley, the writer of the book Famous American Spies, says that the Americans were very disorganized. They were not very secret either. They held open meetings in public taverns for the community to see. They relied mainly on the infiltration of opposition lines and by word of mouth (Foley 17-18).The most famous tavern was the Green Dragon tavern. Foley mentions that some of the members were Sam and John Adams, John Hancock, James Oti... ...stead the CIA power was especial(a) to just the U.S. and its job was the war on drugs and national security (Ameringer 391).America and espionage, unfortunately, have operate synonymous. Secrets are abound and conspi racy theories fly in our country. Espionage, bingle way or the other, has always played a major role in American History.Works CitedFoley, Rae. Famous American Spies. New York Dodd, Meard, and Company. 1964.Ransom, Howe. Espionage. Encarta. CD-ROM. IBM ed.2000.Seattle, WA Microsoft, 1987-2000Jeffreys-Jones, Rhodrl. CIA. Encarta. CD-ROM. IBM ed.2000.Seattle, WA Microsoft, 1987-2000Ameringer, Charles D. U.S. Foreign Intelligence The Secret Side of American History. Lexington Lexington Books, 1990.Richelson, Jeffrey T. A Century of Spies Intelligence in the Twentieth Century. New York Oxford University Press, 1955. Role of Espionage in American History Essay -- American History SpyingRole of Espionage in American HistoryKnowledge is power. It is as simple as that. Espionage is the secret gathering of information, often referred to as intelligence. Intelligence refers to the processed information needed to make any decision. This could be used for business, military, ec onomic, or political decisions. More often than not, this term refers to domestic or foreign policy of a country. Espionage is illegal in all countries, yet all countries have some form of espionage organization. The first espionage act was recorded 2500 years ago. The first book on espionage, The Art of War was written by a Chinese emperor/general Sun Tzu in about 500 BC. There is another type of espionage, counter-espionage. This is the collection of information of any espionage (Ransom 1).American espionage is particularly important. It has got us where we are today. Without it, we wouldnt have got passed the Revolutionary War, and our independence. From the Revolutionary War to the highly technical world of today, espionage in America has always played a role in shaping American history. The Revolutionary War was the war for American independence.The intelligence gathering ability of the Americans was not very good.Foley, the author of the book Famous American Spies, says that the Americans were very disorganized. They were not very secret either. They held open meetings in public taverns for the community to see. They relied mainly on the infiltration of enemy lines and by word of mouth (Foley 17-18).The most famous tavern was the Green Dragon tavern. Foley mentions that some of the members were Sam and John Adams, John Hancock, James Oti... ...stead the CIA power was limited to just the U.S. and its job was the war on drugs and national security (Ameringer 391).America and espionage, unfortunately, have become synonymous. Secrets are abound and conspiracy theories fly in our country. Espionage, one way or the other, has always played a major role in American History.Works CitedFoley, Rae. Famous American Spies. New York Dodd, Meard, and Company. 1964.Ransom, Howe. Espionage. Encarta. CD-ROM. IBM ed.2000.Seattle, WA Microsoft, 1987-2000Jeffreys-Jones, Rhodrl. CIA. Encarta. CD-ROM. IBM ed.2000.Seattle, WA Microsoft, 1987-2000Ameringer, Charles D. U.S. Foreign Intelligence The Secret Side of American History. Lexington Lexington Books, 1990.Richelson, Jeffrey T. A Century of Spies Intelligence in the Twentieth Century. New York Oxford University Press, 1955.

Thomas Hardys Jude the Obscure Essay -- Jude the Obscure Essays

The disposition and temperament of a character is revealed to a reader by the author throughout any work of literature, but a vast portion of the characterization occurs in specific instances at certain key points in the plot of a novel or play. This excerpt just about Jude and Sue, from Thomas Hardys Jude the Obscure, exposes significant insights into their true intentions and emotions of themselves, others, and life in general. This author engenders a unique persona for each of the inhabitants of these two houses by utilizing a forlorn pure musical note and gruesome diction, alongside symbolism that emulates the current situations in which the two characters find themselves ensnared. In the beginning, the author introduces the characters simultaneously, each with an equally lonely and disheartened mood cover them(lines 2, 3). The individual circumstances are overlooked in order to capture both of their forsaken feelings together, which leads the reader to envision a connection between the two this foreshadows a possible surreptitious relationship, especially when he questions his devotional model(l.3). When he questions himself, he shows the signs of a low confidence level, which could reveal a low egotism and possibly an introverted, quiet personality the semicolon that precedes this passage reveals even more about Jude, because it connects the lonely and disheartened tone around this part of the passage with his opinions about himself, jumper lead to the conclusion that he does not trust his own judgment and has possibly made similar errors in the past(ll.2, 3). Jude watches the house as it disappears behind the night shade, mirroring his decline chances of encountering Sue, which further establishes his hidde... ...ned by an event that does not interrupt the plot but is just as effective at uncovering the actual meaning and connections in the plot itself. In the story about Jude and Sue, Thomas Hardy was able to interconnect the st ory of a rabbit and a couple in much(prenominal) a course that the significance of the scene was not detracted from, and he was still able to convey his point. He used diction that denotes confinement and a tone that captures the separation that Jude and Sue feel in order to reflect his actual thoughts on marriage, and he symbolized a very important interaction by way of a seemingly insignificant act in order to show a hidden but powerful connection. Through all this, Hardy richly exposes the nature and predicament of both Sue and Jude so that the reader is able to understand, and anyone can relate to the universal, core feelings expressed in this excerpt.

Charles Dickens - Oliver Twist :: essays research papers fc

Janice VincentCharacters as Social Aspects in Oliver Twist"The Victorians were avowedly, unashamedly, incorrigibly moralists. They . . . engaged in philanthropic enterprises in part to satisfy their own moral needs. And they were moralists in behalf of the poor, whom they sought not only to assist materially but also to swot morally, spiritually, culturally, and intellectually . . . ." (Himmelfarb 48(8)). Charles Dickens used characterization as the basis of his pursuit of this moral goal in the serialized Oliver Twist. His satyr was meant to draw parallels to the dark side of an term of British progress. One side of progress is wealth, the other(a) side of the same coin is poverty, despair, misery and crime. Dickens allegorized hatred in contrast to good by dint of characterization and melodrama. "Most of the moral judgments of the reader are pre-made for him or her. As a result, the reader objectively absorbs the moral lessons Dickens has set forth" (Stoddard) .Gregory Stoddard writes "in Oliver Twist, there is a clear, defined system of criticism and rhetoric marked by sarcasm, and the language of judgment" (Stoddard). The first words of Chapter 2 are an example. In it, he describes the situation that the innocent, Oliver, finds himself. "Here is a clear example of the sarcasm and careful word woof in which lies the authorial social criticism," writes Stoddard. "Consider the choice of words in this passage, treachery and deception. The connotations of these words imply an inherent evil, and consequently, a moral judgment. More subtly, the choice of victim implies that there is an entity that victimizes, and the word systematic strengthens that impression, lending to it an intentionality, and as a result, an evil nature" (Stoddard). Stoddard continues, ". . . when the victimizing entities are systematic in their methods, a conflict of good versus evil results" (Stoddard).Although the overall message was cl ear, coming on the heels of the of Poor Law of 1834 as the book did, the characters Dickens created for the purpose of making his social commentary ranged from one dimensional to multidimensional caricatures. He used them as a means of presenting the "other" side of wealth-the dark, evil side. To that end, Oliver operates as a catalyst rather than as a hero. His lack of hero status allows us to follow him into the underworld without always being a participant in it, just as he never desired to be a participant in it.

The Impotent Othello Essay -- Othello essays

The Impotent OthelloOthello is one of the some extraordinary characters in all of Shakespeares dramas. He enjoyed unheralded success on the battlefield, which gave him the reputation as one of Venices most able generals. The Moors military proficiency placed him in a class by himself in the same way his ethnicity distinguished him from his Venetian counterparts. These are both intrinsic and highly identifiable characteristics of Othello. But a much lesser discussed idiosyncrasy of the Moor was his sexual disorder - impotency. As striking as this produce sounds there is much evidence in the drama to support the idea that Othello was impotent in both sexual and social relationships. Othellos sexual impotence subdue the consummation of his marriage to Desdemona as the two never experienced sexual intimacy. His sexual disorder then sparked a social impotence powerlessness in dealing with his wife and friends. In terms of shaping the final events of the drama, Othellos impotency play ed an even more vital role than his military might or Moorish heritage.Throughout Othello, there is much evidence to suggest that Othello and his wife Desdemona never consummated their marriage. Shortly after murdering his wife, the Moor remarked, cold, cold my girl?/ thus far in thy Chastity (V.ii.273-4). The final word chastity - brings what actually transpired in their bedroom into serious question. By referring to Desdemona as chaste is it possible that Othello was divulging that he and his wife never had sexual intercourse? Other passages from the play indicate that this is indeed the case. Upon his arrival at the citadel in Cyprus, Othello invited his wife to their sleeping quarters for the entropy time with the following utteranceCom... ... character as his Moorish ancestry. Works Cited Butler-Evans, Elliot. Haply, for I am Black Othello and the Semiotics of Race and Otherness. sensitive Essays by Black Writers. Ed. Mythili Kaul. chapiter D.C. Howard UP, 1997. 139-150. C EINET. Impotence On-line. Online. Internet. Available http //www.cei.net/impotenc/deth.html. Impotent. Oxford English Dictionary, Second Edition. Oxford Oxford University Press, 1989. Koch, Carl. Living a Christian Lifestyle. St. Paul Saint Marys Press, 1996. Sedwick, Eve. Between Men English Literature and Male Homosocial Desire. New York Colombia UP, 1985. United States. Natl. Institute of Diabetes and Digestive and Kidney Diseases. Impotence. Online. Internet. 9 July 1998. Available http//www. niddk.nih.gov/health/urolog/pubs/impotnce/impotnce.htmcause