However, I read that passage to refer to the intended mode being determined by the settlor, in this case through the deed of trust which functioned as a declaration. It was evident that the judge considered this to be the way in which the trust was created, and was concerned with whether there was consideration necessary to make the declaration binding. But trusts are an equitable construct and there is no need for consideration if all three certainties are present at the time that the trust property is vested in the trustee. Regardless of that error, the judge’s finding that the trust was intended to be effected by way of a declaration of trust, and that it was effected by that mode, is fully consistent with the rule in Milroy v. Lord.
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