implied trust


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Related to implied trust: inter vivos trust, resulting trust, express trust
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  • noun

Words related to implied trust

a trust inferred by operation of law

References in periodicals archive ?
Even agreements of implied trust should be put in writing so the story will not and cannot change.
the implied trust doctrine, it essentially perpetuated a similar legal
The Court rejected the implied trust doctrine in favor of the
affiliation that the court had to terminate the implied trust in favor
The Supreme Court unequivocally rejected the implied trust theory
has declared that the implied trust theory is inapplicable to church
results in the application of the implied trust theory, which Virginia
that it had rejected the English doctrine of implied trust in favor of
The implied trust doctrine appeared in English common law after the Protestant dissenters were given religious freedom by the Toleration Act of 1688.
Lord Eldon reiterated the implied trust doctrine and explained the reasoning behind it in another case involving a church property dispute that reached the House of Lords in 1817: Attorney, Genera] ex rel.
In the course of resolving this case, Lord Eldon articulated the reasoning behind the implied trust doctrine:
This rule became known as the implied trust doctrine because it implied that the members of the church had "bound themselves .
Where the implied trust doctrine was adopted and applied in the American context, it was usually justified on the same basis that Lord Eldon justified it in England--to prevent property given and acquired for the propagation of particular religious doctrines from being redirected to support contrary religious doctrines.
Given the implied trust doctrine's purpose of preserving a church's doctrinal standards, a necessary corollary is the departure-from-doctrine's method of adjudicating church property disputes.
But other state courts failed to grasp the fundamental problem the Supreme Court created with respect to the implied trust doctrine.