• In the case of Jones v Lock 1865 1 CH App 25, the equitable doctrine of equity will not perfect an imperfect gift (by implying a trust) arose.

Facts of the Case

  • A father wrote a cheque and placed it into the hand of his nine-month-old son.
  • He said the words “I give this to the baby for himself” and then took the cheque back and put it aside.
  • The father also expressed his intentions of giving the amount of the cheque to the son and shortly after his death, the cheque was found amongst his effects.

Issues in Jones v Lock 1865 1 CH App 25

  • Had a trust been created in favour of the child?

Held by Court of Appeal (Chancery)

  • No trust created due to the lack of intention by the father.

Lord Cranworth LC

  • It was mentioned that equity will not aid a volunteer.
  • Where there is a declaration of trust however, the transfer is enforced without a need for consideration.
  • “I should have every inclination to sustain this gift, but unfortunately, I am unable to do so; the case turns on the very short question whether Jones intended to make a declaration that he held the property in trust for the child; and I cannot come to any other conclusion than that he did not. I think it would be of very dangerous example if loose conversations of this sort, in important transactions of this kind, should have the effect of declarations of trust.” (Concluding remarks)

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