The Law of Trusts and Trustees: As Determined by the Decisions of the Principal English and American Courts

Front Cover
Bancroft-Whitney, 1890 - 572 pages
 

Contents

Sovereign or state
16
CHAPTER V
33
Trusts created by will
50
Not created by will
52
Valuable consideration
53
Voluntary settlements
54
Bank deposits trusts 45 Bank deposits not trusts
56
Trusts in legal estates
59
Trusts in equitable estates
60
48 Acceptance and revocation
61
Meritorious consideration
62
CHAPTER VI
64
Executory trusts
66
CHAPTER VII
67
62 Powers
81
CHAPTER VIII
82
Grantee as trustee
108
CHAPTER IX
109
Statutes of fraud and limitations
110
Actual fraud
111
112 Parties
112
Constructive trusts
113
ACCEPTANCE DISCLAIMER REMOVAL ETC 132 Necessity of acceptance
132
CHAPTER X
133
Proof of acceptance
134
Powers as trusts
135
Execution of powers
136
Requirements of a disclaimer
137
Effect of a disclaimer
138
CHAPTER
139
CHAPTER XII
153
120 Statute of uses
158
Where and to what extent applicable
159
160 Accumulations
160
122 Construction of the statute 123 Statute does not execute the trust 124 Trusts for married women
161
Restraints of alienation
162
Possession of trust property
163
Deposit and conversion of trust funds
164
CHAPTER XIII
165
126 Properties of the legal estate
166
Possession of the trust estate
168
Merger
170
Devise of trust property
171
Surrender by trustee
172
Power of appointment
173
140 Trustees how removed 141 Process and parties 142 Bankruptcy of trustee 143 Resignation of trustee 144 Discharge of trustee 145 Appointment...
175
Power of trustees over trust 148 Number of trustees 149 Substitution of trustees 150 Bankruptcy of trustee E 151 Delegation of authority
191
Cotrustees
197
Liability of cotrustees
198
Same
200
Liability of coexecutors
201
Profit of trustees
203
An executor a trustee
206
Trustees or executors executor
208
In personal property 168 In real estate 169 Discretionary and authorized 170 When made 171 Interest
218
CHAPTER XVIII
230
Settlement
232
Enforcing settlements
233
Reduction to possession
235
Same
236
Settlement for wife only
238
CHAPTER XIX
255
Infants
261
CHAPTER XX
264
CHAPTER XXII
275
CHAPTER XXIII
287
Discretionary powers
294
Discretionary powers continued
295
Power to sell
297
217 By whom exercised
298
Assignments for whose benefit
333
Nature and form of assignment
334
Preferences how given
337
Special provisions in assignments
340
CHAPTER XXV
345
Assent of creditors
355
How and when assignment takes effect 253 How assignments are construed
358
Invalid assignments
360
Mortgages in the nature of assignments
364
Power of sale
368
257 Sale of property assigned
370
1
371
Execution and revocation of trust
373
Possession of assigned property
374
The voluntary assignee
375
Dividends to creditors
377
Assignees liability
379
Creditors
380
Proceedings in regard to assignees
381
Release by creditors
382
Costs of assignment
383
CHAPTER XXVI
385
Pleading and costs 291 Statute of limitations 292 Incorporating charities
386
Definition of a charity
388
Gifts to the poor
389
271 Gifts for religious purposes
392
Gifts for educational purposes
394
Other gifts
396
Gifts more indefinite
398
Uncertainty of the gift
400
Gifts not charitable
403
Benevolence a charity
405
Void trusts
406
Some special charities
407
CHAPTER XXVII
429
Manner and time of sale
433
Manner and time of sale continued
435
Exercise of the power
436
Exercise of power continued
439
299 Conditional powers
441
300 Powers with consent
442
Who may be purchasers
443
CHAPTER XXVIII
445
CHAPTER XXIX
454
CHAPTER XXX
460
Removal of trustees
461
Receivers
464
Right to know the status of the trust
465
Disposition of trust funds
466
Following trust funds
468
Following trust funds continued
470
Remedies of cestuis que trust
472
Remedies of cestuis que trust continued
474
320 Cestuis que trust estopped from relief
475
Breach of trust
477
CHAPTER XXXI
479
CHAPTER XXXIII
497
CHAPTER XXXIV
504
CHAPTER XXXV
516
CHAPTER XXXVI
522
Liability of trustees and quasi cestuis
526
trust 4
527
Powers and duties of trustees
528
354 General suggestions
529
Knowledge of purchaser 305 Fraudulent sales 306 Executors and administrators
536
Acceptance by assignee
545
Delivery of property to assignee
546
Form of separate settlement 179 Powers of feme covert
567
Lunatics 13 Bankrupts and aliens
568

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Common terms and phrases

Popular passages

Page 388 - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Page 38 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 1 - A use is a trust or confidence reposed in some other, which is not issuing out of the land, but as a thing collateral, annexed in privity to the estate of the land, and to the person touching the land...
Page 388 - ... hearts under the influence of education or religion, by relieving 'their bodies from disease, suffering or constraint, by Assisting them to establish themselves in life, or by erecting or maintaining public buildings or works or otherwise lessening the burdens of government. It is immaterial whether the purpose is called charitable in the gift itself, if it is so described as to show that it is charitable in its nature.
Page 84 - American states, that where property is purchased and the conveyance of the legal title Is taken in the name of one person, while the purchase price is paid by another, a trust at once results in favor of the party who pays the price, and the holder of the legal title becomes a trustee for him.
Page 388 - A gift to a general public use, which extends to the poor as well as the rich.
Page 4 - A trust executed is where the limitations of the equitable interest are complete and final; in the executory trust, the limitations of the equitable interest are intended to serve merely as minutes or instructions for perfecting the settlement at some future period (a).
Page 390 - ... for the aid and support of those of my children, and their descendants, who may be destitute, and," in the opinion of the trustees, need such aid...
Page 36 - Is admissible to show that a deed absolute on its face is a mortgage.
Page 279 - A simple rule is, to regard cash dividends, however large, as income; and stock dividends, however made, as capital.

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