a trust implied by law (as determined by a court) that a person who holds title
or possession was intended by agreement (implied by the circumstances) with the
intended owner to hold the property for the intended owner. Thus, the holder is
considered a trustee of a resulting trust for the proper owner as beneficiary. Although
a legal fiction, the resulting trust forces the holder to honor the intention and
prevents unjust enrichment. Example Mahalia leaves $100,000 with her friend, Albert,
while she is on a trip to Europe, asking him "to buy the old Barsallo place if it
comes on the market. " Albert buys the property, but has title put in his own name,
which the court will find is held in a resulting trust for Mahalia. A resulting
trust differs from a "constructive trust," which comes about when someone by accident,
misunderstanding or dishonesty comes into possession of property belonging to another.
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