Trusts Of Moveables In Private International Law1
| Published date | 01 October 1940 |
| DOI | http://doi.org/10.1111/j.1468-2230.1940.tb02737.x |
| Date | 01 October 1940 |
| Author | P.E.N. Croucher |
TRUSTS
OF
MOVEABLES
111
TRUSTS
OF MOVEABLES
IN PRIVATE
INTERNATIONAL LAW1
HE object of this article is to examine shortly the rules
of
Private International Law relating to trusts created
inter
vivos
or by
Will.
It
is
not intended to deal with
trusts of immoveables and the only trusts of moveables to
which reference
will
be made are express trusts.
The
initial difficulty is that while there is a considerable body
of authority to be found in the decisions of the courts
of
the
United States, the English cases are scanty and often misleading.
It
is therefore proposed to look at the rules in the United States
which are applied in order to determine which law governs
a
particular trust and then to consider how far such rules are applied
or
capable of application by English courts in similar cases.
Before proceeding further, however,
it
is perhaps desirable
to enter three caveats:-
(a)
In investigating any problem apparently
arising
on this subject care must be taken to ascertain whether
the particular problem relates rather to the transfer
of
the
trust property to the trustees than to the creation or
administration of the trusts which the trustees are called
upon to administer.
This
point
is
perhaps of peculiar
importance in connection with testamentary trusts where
it
is sometimes difficult to sever questions affecting the
administration of the deceased’s estate by his personal
representatives from questions affecting the trusts which
he has purported to create.
If
it
is right to emphasise the distinction
it
follows
that the problems with which this article
is
concerned can
only
arise once
it
is established
by
reference normally to
the
Zex
rei sitae
that the trust property has duly vested in
the trustees.
(b)
It
cannot
be
regarded as certain that propositions
deducible from decisions in mamage settlement cases are
necessarily applicable to ordinary trusts of moveables.
It
is
at least arguable that mamage settlement cases are
sui
generis.
(c)
In this article
it
is not proposed to study in detail
the bearing of
ordre
public
upon questions arising out of
This article was in course of preparation when the war broke out. The
author, who is
serving
with His Majesty’s Forces, was not able
to
give the
article its final completion, but in view of the great
importance
of
the
eub’ect-
matter, which
so
far
has
never
been
analysed
in
this
country, the article
has
kn
printed in its present form.
T
To continue reading
Request your trial