Question
...I have made quite clear that I do not intend to make myself a trustee. I mean to give. The two intentions are very different
"...I have made quite clear that I do not intend to make myself a trustee. I mean to give. The two intentions are very different - the giver means to get rid of his rights, the man who is intending to make himself a trustee intends to retain his rights but to come under an onerous obligation. The latter intention is far rarer than the former. Men [sic] often mean to give things to their kinsfolk, they do not often mean to constitute themselves trustees. An imperfect gift is no declaration of trust." FW Maitland Equity - A Course of Lectures (2nd edn Cambridge University Press 1936), 73 With reference to case law and academic commentary, critically discuss this quote with reference to the constitution of trusts and gifts.
How do I go about approaching this question? any recommended cases, articles, or journals to cover?
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