Constructive Trust

A trust raised by construction of law, or arising by operation of law, as distinguished from an express trust. Wherever the circumstances of a transaction are such that the person who takes the lega} estate in property cannot also enjoy the benelicial interest without necessarily violating some established principle of equity, the court will immediately raise a construecttee trust, und fasten it upon the conscience of the legal owner, so as to convert him into atrustes for the parties who in equity are entitled to the beneficial enjoyment.

Hill, Trustees, 116; 1 Spence, Hq. Jur. 511.