Dillard ConstLaw 1925

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A decree of a court of Equity cannot of its own force divest or transfer legal title to property. Hence after a decree there must be a conveyance by him in whom is the leg. title or by a master or commissioner acting in prusuance of the decree. But in Virginia by statute a decree of parition & the apptment of a new trustee vests legal title in the parties by force of the statute title passes. (And pers rep. of a sole trustee may execute the trust.)

Equity follows the law: & will apply the St. of L. ① Where concurrent jurisdiction But doesn't} ② Where constructive trusts (fraud) start to run} ③ Where St. includes eq. till had notice} Otherwise equity adopts its own rules, and will invoke doctrine of Laches.

Whole of a will must be in writing.

In Resulting trusts, 3 ways ① Purchse by one title to anot ② Fiduciary title common pro ⓷ grantors funds unexhausted trust for [his] benefit. (Const trusts) No one allowed unjustly enrich himself at expense of another.

Note in stip. damages where have perf. of sev acts, & only 1 (...) for (...) act — (...) conv penal

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Sept. 29. Q. Explain how a ct of Equity obtains a {judgement} jurisdiction of a claim for damages too wrongful cutting of plaintiff's timber, a purely legal claim for tort to prop. Illustrate.

In Equity looks at substance, note, deeds, intended as mortgages. Parol Evidence admissible in Equity. However, testimony must be overwhelming. Any living human being may obtain a legal title, i.e. be a trustee. e.g., lunatice, however new one will be appointed. In order to pass title (legal), 1st trustee must, convey the estate to the 2nd. Porcedure: Master appointed by Ct. Chancery to make the conveyance. Now, however, by statute, (Va), legal title will pass by force of the statute. (The decree of the Ct. passing title).

Trusts. Any Prop. that may be transferred subject of trusts. Writing only required case, real property. Trusts (1) Express (2) Implied (a) Resulting (b) constructive. In Va. oral trust even respect real prop., valid, tho not in most states. Note. (1) To my wife & children. (2) To my wife, for herself & children. (3) To T in trust for my wife, intending her to maintain home for children.

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Q. A gave to son B automobile, kept in own garage, (A). Discuss give at Ch & under Va statute. Writing to create trust in will must be in existence at time will was executed. (Gifts &) Xmas case. Ring Picture. Farm. (val sett) [sketch of hand pointing to above line] Oct 3 Q. A, desires to settle bonds on daughter, in form of a trust. Describe several ways in which may be done. Note respect, val. trusts. I am going to create a trust, if you make 98, & I have made a trust. Necessity for completeness. Note benevolent intent but not carried out, Gen Early case. Note assignments where no del. locus [pretentiae]. Note prima facie, good gift, where made out but still in possession of donor see notes p 52.

Q. A contracted in writing to purchase B's hotel propt. for $10,000; 5000 cash rest 6 most. At mat. B unable to pay & gets C a stranger to pay, to be repaid in 12 mos. Soon after A became insolvent. Is there a trust for C? No. C not a purchaser. Was merely a loan from C. to A.

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Q 1. Under what circumstances may a vendor of real prop. assert (a) An equitable & (b) a legal lien, neither being mentioned in the title papers. 2. Which, if either, good as against b.p.f.v.

Oct 9. F →T in trust for A, but he shall not sell the estate. 2 Inconsistant clauses. Equity follows law here & will permit sale. [F]. F →T in trust for A, if he sell then estate to revst.

Oct 10. absent.

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10 INSERT: REAL PROPERTY

Oct 12. Q. Devise: "To A and his offspring forever." Nature of estate at CL. & in Virginia.

Devise. To my son A 140 acres, to B, 90 acres. Question, does this pass fee simple or life estate? Pres— favor of life estate, but may be overcome by showing intent otherwise. Here sup. ct. consid. fact gave all prop to his 2 sons, with no provisions as to disp. after their death, suf.

Wilds Case: Devise: To A & his children. (No children obtain of devise). CL. Only way can give children anything is to give A fee tail. (Could also have made a remainder, but this would have necessitated more radical depart. yet). If this were deed: Deed would have to take effect at once, ∴ A would take life estate children nothing.

([Taltaners] Case.) Claims of issue & even of [dower] may be barred by com. recovery i.e., collusive suit by grantee to obtain title paramount by default. (...) where acquired by compromise instead of default.

To A & his children, now in Virginia, (?) joint fee simple, not fee tail. If children the