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A condensed history of the trust created by statute, April 14, 1860

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Published in Schenectady? .
Written in English


  • Schenectady Union university,
  • Funds and scolarships. [from old catalog]

Book details:

LC ClassificationsLD5481.U697 P6
The Physical Object
Pagination42, [2] p.
Number of Pages42
ID Numbers
Open LibraryOL25158694M
LC Control Number44039313

Download A condensed history of the trust created by statute, April 14, 1860


A cestui que trust has no Grantor, but, being a constructive trust created by operation of law, i.e. by make-believe, has only co-trustees and co-beneficiaries. The co-trustees are the parties with the duties for managing property for the “public good,” i.e. for the benefit of those designated as co-beneficiaries. ⇒Children (aged under 18) can, if they have capacity, create a valid trust, but the trust is voidable ⇒ The child may repudiate (i.e. abandon) the trust, either under the age of 18 or within a reasonable time of reaching that age In Carter v Edwards [] it was left too long ( yrs), so could not revoke the trust. Hahnemann’s first comments about the general applicability of the law of similars were in when he translated a book by William Cullen, one of the leading physicians of the era. At one point in the book Cullen ascribed the usefulness of Peruvian bark (Cinchona) in treating malaria due to its bitter and astringent properties. an unenforceable promise to create a trust in the future does not create a trust; enforceable consideration given for the promise may lead to a trust of a chose in action or rights to the beneficiary or enforceable right to have a transfer and establish trust at later date.

Constructive trust- trust created by the courts of equity to right s wrong Purchase money resulting trust The law presumed the person who actually pays for the property owns the property and that anyone who happens to have possession of the property is holding the property in trust for the owner. An equitable remedy created by operation of law and therefore not subject to the trust creation requirements. It cannot be challenged on Statute of Wills or Statute of Frauds grounds. Remedial trusts are passive in that the sole duty of the trustee is to convey the trust property to the beneficiary. 2. Testamentary trust does not need a named trustee. Trust validity - intent. Settlor must have manifestation of intent. 1. Intent must be present (at the time he owned the property) 2. Precatory expressions ("hope", "wish", "suggest") do NOT count as manifestation of intent; may be overcome by. - Definite and precise directions. Search the history of over billion web pages on the Internet. Full text of "The collection laws of the several states, and the District of Columbia: comprising, in a condensed form, the laws relating to imprisonment for debt, attachment &c. Designed as a text book .

Use of the terms trust or trustees is not determinative, nor essential. 'it is well settled that a trust can be created without using the words trust or confidence or the like - the question if whether in substance a sufficient intention to create a trust has been manifested.' The use of the word trust suggests a trust but is not conclusive. The antitrust laws are aimed at maintaining competition as the driving force of the US economy. The very word antitrust implies opposition to the giant trusts that began to develop after the Civil War. Until then, the economy was largely local; manufacturers, distributors, and retailers were generally small. the trust field, we can identify a steady progression ofenactments from the s onward. • Sterling Professor of Law and Legal History, Yale University. This Article originated as the Meador Lecture on Fiduciaries, presented at The University of Alabama School of Law on April 6, 5. Louisiana Revised Statute – The requirement that a trustee of a "spray trust" exercise the discretion of an average reasonable man has been removed. 6. Louisiana Revised Statute (2) – The proper court may order the termination or modification of the trust if the market value of the trust is less than $,, and.