TRUST-(continued). not against the intention expressed or implied in the written instru- ment, 26, 27. how trusts must be declared under the Statute of Frauds, 28. not to be declared in, but to be manifested by writing, 30. the writing must be signed, 31. when declared by will, the will must be sufficient to pass the legal where the trust is declared by an unattested codicil, the devisee will unless declared to be a trustee in the attested will, 36. or he admits the trust, 37. or there be fraud, 38. of secret trusts in mortmain, 39. of trusts to superstitious uses, 43. IV. CONSTRUCTION OF TRUSTS. construction of trusts the same as of legal estates, 44. what words will create a trust for separate use, 149. trusts executed, and trusts executory, distinguished, 48. how "heirs of the body" and "issue" will be construed in mar- of chattels covenanted to be settled to uses of freeholds, 56. how "heirs of the body" and "issue" will be construed in executory of chattels directed to be settled upon uses of freeholds, 64. of indirect or constructive trusts, 76. of words precatory, &c., 77. V. WHAT CONSIDERATION WILL SUPPORT A TRUST. trust will always be enforced where there is valuable consideration, or the trust has been perfectly created, 110. voluntary trust of lands may be defeated by a subsequent sale, 114. imperfect voluntary trust will not be enforced, 115. how far a trust supported by meritorious consideration will be en- VI. OBJECT OF THE TRUST. intention of the trust will be followed, 137. if not against the policy of the law, 137. perpetuity cannot be attained in trusts, 138. EEE TRUST-(continued). or creditors defeated, 138. trust to purchase a next presentation for A. simoniacal, 141. or for the parishioners and inhabitants, 143. of trusts for the separate use of a feme covert, 147. restraint of anticipation allowed, 148. trust for the separate use will be enforced, though no trustee be where gift is to separate use of feme sole, she may dispose of it before marriage, 151. whether the separate use will spring after marriage, 152. consequences of creating an unlawful trust, 165. estate cannot be recovered by settlor himself, 167. except, perhaps, where the defendant admits the trust, 165, 166. VII. PROPERTIES OF A TRUST IN ANALOGY TO LEGAL ESTATES. a trust may be assigned (see CESTUI QUE TRUST, V.), 498. may be devised (see CESTUI QUE TRUST, VI.), 512. admits of seisin and disseisin, 514, 515. is not subject to dower or free-bench, 519. is to curtesy, 519. why the distinction between dower and curtesy was made, 521. trust now subject to dower by statute, 522. how feme covert's trusts of chattels affected by marriage (see MAR- trusts liable to judgments (see JUDGMENTS), 525. to extents, 549. the trust could not, at common law, have been sold under an extent, but may now by statute, 550. equity of redemption may be sold, 550. trusts of freeholds not liable to forfeiture at common law, 550. whether forfeitable by statute for treason, 551-554. equities of redemption forfeitable for treason, 554. trusts of lands in favour of aliens forfeitable at common law, 554. trust only, not the legal estate, forfeited, 555. trusts of chattels always forfeitable, 555. trust of wife forfeitable for felony of husband, 555. TRUST-(continued). legal estate not forfeited, 555. trust not subject to escheat, 290, 555. though there be lex loci, as gavelkind, 557. who may be, 83. how legal estate may be vested in him, 102. of disclaimer and acceptance (see DISCLAIMER and ACCEPTANCE), 225. what quantity of legal estate the trustee will take (see LEGAL properties of the legal estate in him (see LEGAL ESTATE), 242. cannot renounce after acceptance, 260. cannot delegate his office (see DELEGATION), 262. co-trustees exercise a joint office, 265. office survives (see SURVIVORSHIP), 266. one trustee not answerable for another, 268. liability of trustee for joining in receipts (see RECEIPTS), 271. for concealment of breach of trust by co-trustee, 287. trustee shall derive no advantage from the trust, 288. by buying in debts, &c., 289. by speculating with the trust fund, 289. may derive advantage by accident, 290. will retain the land beneficially on death of cestui que trust without qu. if on attainder of cestui que trust, 292. cannot come into equity to establish his right beneficially, 293. may obtain possession in a court of law, 294. not entitled to chattels beneficially on death of cestui que trust with- out next of kin, 294. duties of trustees (see DUTIES), 295. powers of trustees (see POWERS), 412. allowances to trustees (see TROUBLE, EXPENSES, COSTs), 438. relinquishment of office, (see RELINQUISHMENT), 464. trustee must convey at direction of cestui que trust, 486. or pay costs if he refuses, 486. qu. if bound to convey in parcels, 486. not bound to convey in other words than as conveyed to him, TRUSTEE-(continued). USE, nor where other persons are interested in the estate, 486. trustee bound to convey the legal estate to assignee of cestui que of appointment of new trustees (see CESTUI QUE Trust, VIII.), 597. trustee may be compelled by suit to the observance of his duty, if legal estate be assailed by a stranger, is bound to assert his legal may be injoined from committing breach of trust, 609. his laches or tort shall not affect the cestui que trust (see CONVER- defined, 2. the primary use executed in possession by the stat. of Hen. 8, "USUAL POWERS," what powers may, by the force of these words, be introduced in VISITOR, who is, 392. what his office, 392. must follow statutes of the founder, 392. his decision cannot be appealed against, 392. new donations distinguished, in respect of visitatorial power, from Lord Chancellor in some cases visitor, 396. application to him by petition to the Great Seal, 396. VOLUNTARY COVENANT, to purchase lands to be settled on covenantor and his heirs, 674. VOLUNTARY SETTLEMENT, liable to be defeated by subsequent sale, 114. trustees of, bound to preserve contingent remainders, 358. VOLUNTEER, bound by a trust, 205. VOUCHERS, given to trustees, may be kept by them, 375. WAIVER, effect of, 620. WEST INDIES, trustees for absentees of estates there may charge commission, WIFE, in what sense cannot be trustee for her husband, 85. ought not to be appointed trustee, 89. WILL of copyholds may be nuncupative, 29. a trust cannot be created by a will not executed as a will of the legal a trust cannot be averred upon a will, 33. creates a trust, 77. "WISHING AND REQUESTING" creates a trust, 77. THE END. |