Created by 121.1.18.237 on 3 November 2009, at 10:54
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[1977] 1 WLR 527 CA. Mr and Mrs Constance were separated. After the separation, Mr Constance and Ms Paul lived together, as the law report has it 'as man and wife'. The shared their earnings and the household expenses. When Mr Constance received a substantial sum of money, he paid it into his bank account, but made it clear that Ms Paul was to have use of it. The words he used, it appears, were 'This money is as much yours as mine'. After Mr Constance died, Ms Paul claimed that he had created an express trust in her favour. The Court of Appeal held that, although the word 'trust' was never used, there was sufficient evidence to justify the assumption that he had intented to create one.
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