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Words: | Submitted: Tue Jun 20 2006
... and replaced by the Wills Act 1837 (as amended) and some of the previsions of the Statute of Frauds are reproduced under section 53(1) (c) of the Law of Property Acts 1925. My point here are principally concerned with the disposition of equitable interests and the four ways in which those interests may be dealt with was articulate by Romer LJ in Thomas Executors v Yerbury [1936] 1 KB 645 5 and I will also be discussing the four methods articulated by him. Romer said "Now the equitable interest in property in the hands of a trustee can be disposed of by the person entitled to it in favour of a third party in any one of four ways. The person entitled to it (1) can assign it to the third party directly; (2) can direct the trustees to hold the property in trust for the third party (see per Sargant ...
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