RESULTING TRUSTS-continued. no trust declared, 430 purchase in name of stranger, resulting trust for person paying purchase money, 430 expression of wish, 431 purchasers' rights barred by delay, 431 rule applies to joint purchase, 431 to personal as well as real estate, 432 purchase in fictitious name, 432 parol evidence admissible on behalf of person paying pur- on behalf of person to whom conveyance made, 433 not admissible to prove agency, 434 conveyance without consideration, resulting trust for son to father, 435 purchase in name of wife or child, no resulting trust, 435 person in loco parentis, 436 purchase by mother, 437 fiduciary relationship, 438 when avoided as against creditors, 438 rule applies to personal estate, 438 surrounding circumstances to be considered, 438-440 purchase money unpaid, 440 joint tenancy when created, 440 copyholds granted for lives successivé, 441 purchase in name of child and a stranger considered as ad- vancement, 441 evidence to rebut presumption of advancement, 441 antecedent and contemporaneous but not subsequent acts and declarations of settlor, 442 possession by father, 443 dividends received by father, 443 devise, bequest, or lease of property, 443 purchase in pursuance of covenant, 444 transfer of trusts must be in writing or by will, 444 section refers to assignments by cestui que trust, 445 REVIVAL, of promise in consideration of marriage, 123 REVIVAL-continued. whether when under Statute of Frauds second will revoked first revived, 402-404 under Wills Act only by codicil, 404 immaterial whether second will contained revocatory REVOCATION, of parol license, 5-9 See "LICENSE BY PAROL." of brokers' authority, 301 REVOCATION OF WILLS, provisions of sixth section of Statute of Frauds, 356 as to will of lands, 356 by another will or codicil, 356 acts of destruction, 356 as to will of personalty, 356 provisions of Wills Act, as to revocation by another will or codicil, 357 357 before Statute of Frauds parol revocation allowed, 358 of Frauds, 358 parol evidence of intention to revoke not admissible, 359 cient, 359 revocatory instrument need not be signed under Statute of revocatory acts under Statute of Frauds and Wills Act must and with intention of revoking, 362 onus of proof of revocation, 362 testator cannot authorize post mortem destruction of will, 362 Frauds, 363 distinction between "unfinished" and "unexecuted " papers, 363 subsequent unfinished paper, operation of, under Statute revocation by subsequent non-appearing will, 364 by second inoperative will, 364 revocatory clause inserted by mistake, 365 wills under powers of appointment, revocatory clauses in, 365 second will, existence of alone not revocation, 367 REVOCATION OF WLLS-continued. "last will," not revocation if no different disposition, 367 when several papers admitted to probate, 368 consistent parts admitted, inconsistent revoked, 369 executors, appointment of in second will not necessarily revo- prior independent disposition, when supported, 371 must be unequivocal act of, 371 question of revocation by, is one of intention, 371 primâ facie revocation intended by, 371 but will may be cancelled without revocation, 372 or while testator insane, 372 or by mistake, 372 destruction by third person, 372 onus of proving cancellation, &c., to be act of testator, is on declarations by testator of intention not to adhere to will revocation by partial destruction, 373 sufficient if act done animo revocandi, 373 presumption of revocation of missing will, 376 will traced to possession of testator, and not forthcoming, 376 or found mutilated, 377 will traced out of testator's possession, 377 missing will, when admitted to probate, 379 deliberative revocation, 381 partial obliteration under Statute of Frauds, 382 partial destruction, rule same, 383 obliterations and alterations under Wills Act, 383 revocation by destruction under Wills Act, 384 part cut revocation pro tanto, 384 REVOCATION OF WILLS-continued. revocation by destruction under Wills Act-continued. of last, only necessary as a rule, 387 evidence admissible to show that tearing caused acci- partial revocation by tearing, 387 cancelling not revocation under Wills Act, 387 when parol evidence admissible to show what obliterated words effect of probate "with alterations," &c., 390 alteration in will made before Wills Act presumed to have been made before act came into opera- blanks when presumed to have been filled up, 391 execution of alterations, 392 evidence as to alterations, 392 obliterations, &c., in will made before but altered after 1st January, 1838, 393 alterations in will made since Wills Act, 393 presumed to have been made after execution, 393 onus on party supporting alteration, 393 rebuttal of presumption, 394 declarations by testator, 394 expert evidence, 395 testator in actual military service, 395 sheet interpolated, effect of, 396 codicil not noticing alteration, 396 dependent relative revocation, 397-400 doctrine does not apply to past transactions, 400 no new will made, 400 partial obliteration and new disposition, 400 complete obliteration, 400 mistake in point of law, 401 reference to another document not of testamentary char- acter, 401 whether when under Statute of Frauds second will revoked, first revived, 402-404 revoked will now only revived by codicil, 404 immaterial whether second will contained revocatory parol evidence admissible to prove contents of second must be strong, 405 but not of intention to revive, 405 REVOCATION OF WILLS-continued. duplicate wills, presumption of revocation by cancellation or destruction effect of alterations in one of duplicate wills, 407 SALE, semble not, 410 codicil revoking will does not necessarily revoke prior by auction or in bankruptcy within statute, 65 under order of court not, 65 of security or lien not, 104 SALE OF GOODS, contract for sale of, 186 exceptions in seventeenth section, 186 executory contracts within statute, 187 when contract is for sale of goods, and when for work and labour done and materials furnished, 188-190 contract to make up materials and affix them to land, 190 acceptance of goods, may be prior to receipt, 191-193 after action brought, 193 test of, 193 special lien or interest, 195 of sample, 195-197 constructive, 197 acts of ownership by vendee, evidence of, 198-203 of one of several articles, acceptance of all if contract secus if contract not entire, or if goods sent in excess of sale by auction distinct contract for each lot, 206 goods not made, 207 goods sold by principal as agent, 207 mixed contract, 207 vendee must have an opportunity of judging whether goods user or experiments to ascertain quality, 209 goods need not be returned, 210 delay in refusing may amount to acceptance, 211-214 |