S/L/65. Secret Trusts: "For the prevention of fraud equity fastens on the conscience of the legatee a trust which would otherwise be inoperative"

This essay discusses the above statement and explains the problems the approach creates, the nature of the fraud referred to, and whether it is sufficient justification for the acknowledgement of both fully and half secret trusts. This essay also considers further justifications for the acknowledgement of secret trusts, namely the dehors theory and the probate doctrine of incorporation by reference, and expatiates on the Courts view as to whether secret trusts are express trusts, or constructive trusts