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#constitution #equity #law
In Jones v Lock (1865) LR 1 Ch App 25, Robert Jones returned home without a present for his baby and, on being chided for this, produced a cheque for £900 payable to himself and said, ‘I give this to baby; it is for himself.’ Robert died shortly afterwards. As he had not endorsed the cheque to his son, the property in it had not been transferred and the court rejected the argument that he had declared himself a trustee of the cheque. He had intended an absolute gift, which entails giving away all benefit to, control of and obligation for the property. This is distinct from the intention to declare oneself a trustee, where the settlor/trustee retains control of the property and assumes the onerous obligation of a trustee.
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