constructive trust

constructive trust
A trust by operation of law which arises contrary to intention and against the will, declared against one who, by fraud, actual or constructive, by duress or abuse of confidence, by commission of wrong, or by any form of unconscionable conduct, artifice, concealment, or questionable means, either has obtained or holds the legal right to property which he ought not, in equity and good conscience, hold and enjoy. 54 Am J1st Trusts § 218.

Ballentine's law dictionary. . 1998.

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  • constructive trust — see trust Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. constructive trust …   Law dictionary

  • constructive trust — ➔ trust * * * constructive trust UK US noun [C] ► LAW a type of trust (= a legal arrangement in which somebody is given control over another person s money or property) that is set up according to the rules of equity (= a system of law that… …   Financial and business terms

  • Constructive trust — Constructive Con*struct ive, a. [Cf. F. constructif.] 1. Having ability to construct or form; employed in construction; as, to exhibit constructive power. [1913 Webster] The constructive fingers of Watts. Emerson. [1913 Webster] 2. Derived from,… …   The Collaborative International Dictionary of English

  • Constructive trust — Wills, trusts and estates …   Wikipedia

  • constructive trust ex delicto — A constructive trust which is imposed on property which a fiduciary has claimed or received in violation of his duties …   Black's law dictionary

  • constructive trust ex delicto — A constructive trust which is imposed on property which a fiduciary has claimed or received in violation of his duties …   Black's law dictionary

  • constructive trust — noun a trust created by a court (regardless of the intent of the parties) to benefit a party that has been wrongfully deprived of its rights • Syn: ↑involuntary trust • Hypernyms: ↑implied trust * * * noun : a trust set up by a court to deal with …   Useful english dictionary

  • constructive trust — noun A trust created by operation of law where one party takes physical possession of property, but is legally required to use that property for the benefit of another party, in the absence of a written agreement …   Wiktionary

  • Constructive trusts in English law — are a form of trust created by the courts primarily where the defendant has dealt with property in an unconscionable manner , but also in other circumstances; the property will be held in constructive trust for the harmed party, obliging the… …   Wikipedia

  • trust — n 1 a: a fiduciary relationship in which one party holds legal title to another s property for the benefit of a party who holds equitable title to the property b: an entity resulting from the establishment of such a relationship see also… …   Law dictionary

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