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Milroy v Lord
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Milroy v Lord : ウィキペディア英語版
Milroy v Lord

''Milroy v Lord'' () (EWHC J78 ) is an English trusts law case that held trusts should not be used to save gifts from being defeated. It purported to follow one of the maxims of equity that "Equity will not assist a volunteer".
==Facts==
Thomas Medley held shares in a company called the Bank of Louisiana, and wished to transfer them. The bank required the shares be transferred according to regulations in the company constitution. He wanted to give them to his niece, Eleanor Milroy (maiden name Dudgeon). He signed a deed in Louisiana with Samuel Lord, for Lord to hold 50 shares on trust for Eleanor. (This was in fact made in consideration of $1, but this was ignored.) He also gave Lord a power of attorney to receive dividends on the shares and to comply with the company constitution’s formalities. Lord did not actually do it. Thomas Medley lived for three years after signing the deed with Samuel Lord, in which Samuel Lord was receiving dividends and passing them on. When Thomas Medley died the shares still remained in his name. Eleanor Milroy claimed that the shares belonged to her.
Stuart VC held that a trust had been created for Eleanor, and the decision was appealed.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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