resulting trust

A trust, sometimes called a presumptive trust, but a real trust raised by operation, implication, or presumption of law from acts, relations, or the situation of the parties from which air intent to create a trust appears. Dunn v Zwilling Bros. 94 Iowa 233, 237; Swon v Huddleston (Mo) 282 SW2d 18, 55 ALR2d 205. A trust arising in a transaction whereby one person thereby becomes invested with legal title but is obligated in equity to hold such title for the benefit of another, the intention of the person acquiring the legal title to hold in trust for the other being implied or presumed as it matter of law, although no intention to create or hold in trust has been manifested expressly and there is air absence of fraud actual or constructive. Farmers & T. Bank v Kimball Milling Co. I SD 388, 47 NW 402. A trust arising where property is transferred under circumstances giving rise to an inference that the person who made the transfer or caused it to be made did not intend the transferee to take the beneficial interest in the property. Moses v Moses, 140 NJ Eq 575, 53 A2d 805, 173 A LR 273. A trust arising where title to real or property is taken in the name of one other than the person advancing the consideration. Arneman v Arneman, 43 Wash 2d 787, 264 P2d 256, 45 ALR2d 370.