JUDGMENT

Murray-Aynsley CJ:

In this case the testator made a deposit in a bank in the joint names of himself and of the appellant who was then an infant. The bank issued a receipt for the money in the names of the testator and the appellant which document recited the fact that interest was agreed at a certain rate and added that "this amount shall be received" by the named persons "or bearer in Singapore". I think that it is reasonably clear that if this had been an ordinary banking account the right to this sum of money would have passed at law to the survivor in the event of the death of one of the named persons and not to the personal representatives of the deceased, and further, in the circumstances of this case, there would in the ordinary way be no question of a resulting trust. The doctrine of resulting trusts has been applied in this Colony. I regard this as a misfortune. The rules as applied in England may have been in accordance with conditions that prevailed in England in the time of the first Queen Elizabeth but they have long since become merely arbitrary and I do not think that they have ever had any relation to conditions in this Colony. It is probably too late to do