Fowkes v Pascoe

Fowkes v Pascoe (1875) LR 10 Ch App 343 is an English trusts law case, concerning the circumstances when a resulting trust arises.

One was put in the names of herself and a young lodger called Mr Pascoe, who she treated like a grandson.

It was argued by the executor, Fowkes, that when Mrs Baker died Pascoe held the stock on resulting trust.

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.

the evidence in favour of a gift and against trust is absolutely conclusive… The lady had £500 to invest; she had already large sums of stock standing in her own name, besides other considerable property.