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INTRODUCTION
CONTENTS.
PRELIMINARY CHAPTER.
I. What may be the subject-matter of a Trust
II. Who may create a Trustee
III. Who may be a Trustee
IV. Who may be Cestui que Trust
PART I.
OF THE CONSTITUTION OF TRUSTEES.
DIVISION I.
OF THE CREATION OF TRUSTEES BY EXPRESS DECLARATION.
CHAPTER I.
OF THE CREATION OF TRUSTEES BY PARol.
Section 1.-What may be the subject of a Parol Trust
Section 2.-What will be a valid Trust by Parol.
CHAPTER II.
OF THE CREATION OF TRUSTEES BY INSTRUMENT IN WRITING.
Section 1.-Of the Instrument by which a Trustee may be created
Section 2.-What direct fiduciary expressions will create a Trust
Section 3.-Where a Power will create a Trust
Section 4.-Where words of Recommendation, &c. will create a Trust.
Section 5.-Of the Effect of a Voluntary Disposition in Trust
32
45
DIVISION II.
OF THE CONSTITUTION OF TRUSTEES BY IMPLICATION OR
CONSTRUCTION OF LAW.
OF TRUSTEES BY VIRTUE OF A RESULTING OR PRESUMPTIVE TRUST.
Section 1.-Where a Purchase is made by one Person in the name of
another
55
PAGK
Section 2.-Where there is a Voluntary Conveyance without any Decla-
ration of Trust
Section 3.-Where the Trusts are not Declared, or are only partially De-
clared, or fail
72
81
OF TRUSTEES BY VIRTUE OF A CONSTRUCTIVE TRUST.
Section 1.-Where the acquisition of the Legal Estate is affected with
Proof of the Fraud
Effect of Delay and Acquiescence
Section 2.-By Equitable Construction in the Absence of Fraud
116
117
125
127
137
141
143
164
DIVISION III.
OF THE CONSTITUTION OF TRUSTEES BY WAY OF SUBSTITUTION
IN THE PLACE OF THOSE ALREADY CREATED.
OF THE SUBSTITUTIONARY CREATION OF TRUSTEES UNDER
POWER
A
149, 610 (Appx.)
OF THE SUBSTITUTION OF TRUSTEES BY THE COURT OF CHANCERY.
III. Whom the Court will appoint to be new Trustee, and the effect of
the Appointment.
DIVISION IV.
OF THE ACCEPTANCE OR REFUSAL OF THE OFFICE OF TRUSTEE.
PAGE
WHAT WILL BE AN ACCEPTANCE OF THE OFFICE OF TRUSTEE
193
OF THE REFUSAL OR DISCLAIMER OF THE OFFICE OF TRUSTEE.
OF THE NATURE OR QUALITY OF THE ESTATE OF TRUSTEES, AND
THEREIN WHERE THEY TAKE THE LEGAL ESTATE.
I. Where the Trust Property consists of Real Estate
II. Where of Personal Estate
209
. 217
OF THE EXTENT AND DURATION OF THE ESTATE OF TRUSTEES.
I. Where their Estate is created by Will
220
V. Of the Application of the Statutes of Limitation to the Estate of
Trustees
248
CHAPTER III.
OF THE INCIDENTS TO, AND LEGAL PROPERTIES OF, THE ESTATE
OF TRUSTEES
255
CHAPTER IV.
OF THE DISPOSITION OF THEIR ESTATE BY TRUSTEES.
I. Where the Disposition is by Deed or Act inter vivos
II. Where by Will
III. Where by Trustees under Disability
265
OF THE POWERS AND DUTIES OF CO-TRUSTEES AS BETWEEN
EACH OTHER.
I. Where the Concurrence of all the Co-Trustees is requisite
II. Of the Liability of a Trustee for the acts of his Co-Trustees
295
299
OF THE POWERS AND DUTIES OF TRUSTEES, AS BETWEEN
THEM AND THE CESTUIS QUE TRUSTS.
Section 1.-Of Trustees of a Dormant Estate
I. Of Trustees of a dry Legal Estate .
307
II. Of Trustees to preserve Contingent Remainders
III. Of Trustees of Attendant Terms of Years
309
317
Section 2.-Of Trustees of an Estate clothed with Active Duties .
I. Of Trustees of Executory Trusts.
320
321