Decennial Digest, American Digest System, Volume 31

Front Cover
West Publishing Company, 1938
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Contents

B Resulting TrustsContinued 63 Effect of statute of frauds and statutes prohibiting1 parol trusts 63 Creation and existence in general
63
Failure or defect in creation operation or execution of express trust
64
In general
65
Ineffective declaration of trust conveyance or devise
66
Residue or surplus not included in trust or not required for execution thereof
67
Failure lapse or other extinguishment of trust
68
Voluntary conveyance to grantee not entitled to take beneficial in terest
69
Intention of grantee to hold for or convey to another
70
Resignation and discharge 163 Disqualification
249
Removal 165 Power to remove
250
171 Authority of trustee in general
261
Limitations of authority imposed in creation of trust 173 Representation of cestui que trust by trustee
265
Delegation of powers and duties
266
Supervision and discretionary powers
267
Instructions of court
271
Diligence and good faith of trustee
272

Payment of consideration for conveyance to another
71
In general
72
Property subject of trust
73
Nature of sale and conveyance
74
Nature of consideration
75
Source of consideration
76
Time of payment
77
Mode and sufficiency of payment
78
Part payment
79
Purpose of payment in general
80
97 Fraud or undue influence in procuring or preventing devise or be quest
97
Breach of oral agreement as to lands to be purchased
98
Resulting trusts 143 Constructive trusts
146
Relationship between parties
149
1 In general
152
2 Husband and wife
165
3 Payment with joint funds of husband and wife 4 Parent and child
166
Payment as gift or advancement 83 Payment of purchase money on purchase of land
167
Evidence to establish trust 86 Presumptions and burden of proof
168
Admissibility in general
172
Parol evidence
173
Weight and sufficiency 1 In general
174
2 Payment or ownership of money
178
3 Purpose of payment 4 Agreements admissions and declarations 5 Degree of proof required
181
Questions for jury C Constructive Trusts 91 Nature of constructive trust
184
Judicial sale 101 Breach of contract of agency or employment
198
Breach of duty by person in fiduciary relation in general
199
Estoppel of cestui que trust as to title of trustee 145 Mutual rights and liabilities of cestuis que trust
234
Transfer of estate or interest of cestui que trust 147 Express trusts in general 1 In general
235
2 Mortgage or pledge 148 Restraints on anticipation of income
237
Implied trusts 150 Rights and remedies of creditors of cestui que trust 151 In general 1 Trust property in general 2 Rents profits accumulations and s...
238
Spendthrift trusts
240
Interest remaining in settlor or creator of trust
241
Merger of estates
242
APPOINTMENT QUALIFICATION AND TENURE OF TRUSTEE 3155 Designation by creator of trust
243
Executors as trustees 157 Appointment by other trustees or by cestui que trust 158 Jurisdiction of courts
244
Qualifications of trustee
245
Judicial appointment 1 In general
246
2 Want of trustee
247
3 Proceedings 161 Bond
248
Collection of outstanding property 1 In general 2 Release or compromise of demands
276
Possession use and care of property
277
Rents and profits 184 Repairs and improvements
278
Leaseholds 187 Charges on and claims against property
279
Sale and conveyance
280
Authority and duty in general 190 Statutory provisions 191 Power of sale in instrument creating trust 1 In general 2 Provisions implying power of sa...
284
Grounds
286
Proceedings for order of court for sale 195 Time manner and conduct of sale 196 Terms and conditions of sale
289
Validity of sale
290
Purchase by trustee
291
Purchase by cestui que trust 200 Conveyance and delivery of property 1 Conveyance 2 Confirmation by court 201 Payment or recovery of purchase...
292
Rights and title of purchasers
293
Setting aside
294
Lease
295
Mortgage or pledge 1 Power to mortgage or pledge
296
2 Mortgage under order of court 3 Purpose of mortgage
297
4 Misapplication of proceeds
320
5 Property included
411
1 In general 2 Executors administrators and guardians 103 Contracts and transactions between persons in confidential rela tions 1 In general
444
2 Family relation in general 3 Husband and wife
448
Proceedings
451
Wrongful assumption of control of property 105 Wrongful disposition of property
514
Evidence to establish trust 107 Presumptions and burden of proof
613
Admissibility in general
614
Death and survivorship 169 Appointment and succession of new trustee 1 In general
684
Parol evidence 110 Weight and sufficiency
692
Questions for jury II CONSTRUCTION AND OPERATION A In General 112 Application of general rules of construction 113 What law governs 11...
728
Indorsement and transfer of bills notes and securities 208 Assignment and transfer of rights of action 209 Contracts
752
In general
885
Constitutional and statutory provisions
1114
2 Provisions of instrument creating trust 3 Proceedings
1116
92 Statute of frauds and statutes prohibiting parol trusts 93 Mistake in conveyance 94 Invalidity or rescission of conveyance or transfer 94 Fraud in g...
1146
Parties
1151
Settlors or creators of trusts 123 Trustees
1153
B Estate or Interest of Trustee and of Cestui Que Trust 129 Nature of estate in trust 130 Statutory provisions
1198
Extent of estate or interest of trustee 134 In general 135 Active trusts 136 Passive trusts
1200
Services
1284
Borrowing money 213 Bills and notes
1552
Copyright

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