Ward Hunt, Adams v. Adams — Opinion of the Court
“ It is evident that a trust is not perfectly created where there is a mere intention or voluntary agreement to establish a trust, the settlor himself contemplating some further act for the purpose of giving it completion. ”
Ward Hunt, Adams v. Adams — Opinion of the Court
“ We are of opinion that the refusal of Appleton, in 1870, to accept the deed, or to act as trustee, is not a controlling circumstance.Although a trustee may never have heard of the deed, the title vests in him, subject to a disclaimer on his part. [4] Such disclaimer will not, however, defeat the conveyance as a transfer of the equitable interest to a third person. [5] A trust cannot fail for want of a trustee, or by the refusal of all the trustees to accept the trust. The court of chancery will appoint new trustees. ”
Ward Hunt, Adams v. Adams — Opinion of the Court
“ The defendant now seeks to repudiate what he then intended, and to overthrow what he then asserted and believed he had then accomplished.It may be conceded, as a general rule, that delivery is essential, both in law and in equity, to the validity of a gift, whether of real or personal estate. [1] What constitutes a delivery is a subject of great difference of opinion, some cases holding that a parting with a deed, even for the purpose of recording, is in itself a delivery. ”
