In Re Boyes (1884) 26 Ch D 531, property was left to the testator’s solicitor, who had agreed to hold the property on the terms he would receive. The testator did not, as promised, give instructions to the solicitor on how the property was to be held. Details of the intended trust were found after the testator’s death in two unattested documents. The Court of Appeal held that there was a resulting trust to the testator’s estate as the trust had not been properly communicated; per Kay J: ‘The essence of all these decisions is that the devisee or legatee accepts a particular trust which thereupon becomes binding upon him, and which it would be a fraud in him not to carry into effect’.