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United Kingdom
trustsescheatresulting trust
Burgess v Wheate
(1759) 1 Eden 177; 1 Wm Bl 123; 28 ER 652
Key Principle
The feudal common-law doctrine of escheat does not extend to equitable interests, so that where the beneficiary (cestui que trust) of land dies without heirs, the equitable interest does not escheat to the Crown/lord; the legal estate remains in the trustee, whose ownership continues unencumbered by any subsisting trust.
Area of Law
General
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