Fowkes v Pascoe

Facts

Mrs Baker bought two sums of stock. One was put in the names of herself and a young lodger called Mr Pascoe, who she treated like a grandson. The other was in her and her friend’s name. It was argued by the executor, Fowkes, that when Mrs Baker died Pascoe held the stock on resulting trust.

Judgment

James LJ held that although a presumption of a resulting trust applied, it was rebutted on the facts, because plainly Mrs Baker intended to make a gift to Mr Pascoe.