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Showing contexts for: void trust in Manuel Louis Kunha vs Juana Coelho And Ors. And Manuel Souza on 28 January, 1908Matching Fragments
20. In England Section 7 of the Statute of Frauds declares that a trust must be proved by a will or be manifested and proved by some writing signed by the author of the trust or else the trust shall be void. Resulting and constructive trusts are exempted from the operation of this section by Section 8. The trust in question is not proved by a will or writing signed as required. But the English Judges got out of the difficulty by deciding that even an Act of Parliament shall not be used as an instrument of fraud. This is undoubtedly taking a bold step to compel justice to be done, and though it is a sound rule of law that when a statute is enacted to prevent fraud it shall not be used to cover the perpetration of fraud, unless by express words or necessary implication the Courts are restrained from interference, it can hardly be doubted that if this doctrine had not been already enforced in a long and uniform course of decisions it is not likely that it would now be accepted and enforced in courts of law.