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BlockTrade

04/19/09 5:00 PM

#7839 RE: detearing #7825

The Court thus finds that no
express trust was created in any of the three 1031 Exchange transactions at issue.
As the Court has found that the parties to the Exchange Agreements did not intend to
create an express trust, Millard is not now entitled to the imposition of a resulting trust. In
Virginia a resulting trust is “an indirect trust that arises from the parties’ intent or from the
nature of the transaction and does not require an express declaration of trust.”