Resulting Trust

A trust raised by implication or construction of law, and presumed to exist from the supposed intention of the parties and the nature of the transaction. All trusts created by implication or construction of law are often included under the general term "implied trust;" but these are commonly distinguished into implied or resulting and constructive trusts; resulting or presumptive trusts being those which are implied or presumed from the supposed intention of the parties and the nature of the transaction; constructive trusts, such as are raised independently of any such intention, and which are forced on the conscience of the trustee by equitable construction and the operation of law.

Story, Eq. Jur. § 1095; Hill, Trustees, 91; 1 Spence, Eq. Jur. 510; 2 Spence, Eq. Jur. 198; 3 Swanst. 585; 1 Ohio, 321; 6 Conn. 285; 2 Edw. Ch. (N. Y.) 873; 6 Humph. (Tenn.) 93.

See "Trust."

See Trust.