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Imperfect Gifts As Declarations Of Trust: An Unapologetic Anomaly, Sarajane N. Love

Scholarly Works

This article will address circumstances under which 'gifts' of personalty, made without legal supervision by lay people, should be construed as declarations of trust in order to carry out the wishes of the property owner. The declaration of trust doctrine may salvage some attempted gift transactions because the property which is the subject of the trust need not be delivered to the trust beneficiary.