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The Law of Trusts

The Law of Trusts (12th edn)

J E Penner
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date: 30 May 2023

p. 31. The historical origins of the trustlocked

p. 31. The historical origins of the trustlocked

  • J E PennerJ E PennerKwa Geok Choo Professor of Property Law, National University of Singapore, and Barrister of Lincoln's Inn


Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.

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