Legal Principles and Key Points
- In the case of Fowkes v Pascoe 1875 lr 10 ch app 343, it was held that the presumption of a resulting trust must be given different weight when assessing different cases.
Facts of the Case
- Sarah Baker purchased stock in the joint names of herself and the son of her daughter in law (Pascoe) from her second marriage.
- Later Sarah Baker died.
Issues in Fowkes v Pascoe 1875 lr 10 ch app 343
- Was Pascoe entitled to the stock?
Held by Court of Appeal
- Pascoe entitled to the stock.
- Here, it was held that the presumed resulting trust was rebutted.
- The presumption of the resulting trust must be treated differently in different cases, some cases will requires stronger evidence than others.
- “Now, the presumption must, beyond all question, be of very different weight in different cases. In some cases it would be very strong indeed. If, for instance, a man invested a sum of stock in the name of himself and his solicitor, the inference would be very strong indeed that it was intended solely for the purpose of a trust, and the Court would require very strong evidence on the part of the solicitor to prove that it was intended as a gift; and certainly his own evidence would not be sufficient. On the other hand, a man may make an investment of stock in the name of himself and some person, although not a child or wife, yet in such a position to him as to make it extremely probable that the investment was intended as a gift.” Pg 352