Shephard v Cartwright

Subject Matter

TRUSTS — Advancement — Presumption — Gift to children — Qualified and conditional gifts — Shares registered by father in names of children — Children not informed of transaction — Shares sold and proceeds dealt with under mandates signed by children — Children unaware of nature of transactions until father's death — Whether entitled to claim on basis of advancement — Admissibility in evidence of donor's subsequent conduct.

PRESUMPTION — Evidence — Intention — Subsequent conduct.