• 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.

Mellish LJ

  • 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

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