Special trust

Where the machinery of a trust is introduced for the execution of some purpose particularly pointed out, and the trustee is not a mere passive depositary of the estate, but is called upon to exert himself actively in the execution of the settlor's intention ; as, where a conveyance is to trustees upon trust to sell for payment of dehts. Special trusts have been divided into (1) ministerial (or instrumental) and (2) discretionary. The former, such as demand no further exercise of reason or understanding than every intelligent agent must necessarily employ ; the latter, such as cannot be duly administered without the application of a certain degree of prudence and judgment.

2 Bouv. Inst no. 1896; Perkins v. Brinkley, 133 N. G. i54, 45 S. E. 541; Flagg v. Ely, 1 Edm. Sel. Cas. (N. Y.) 209; Freer v. Lake, 115 111. 662, 4 N. E. 512 ; Dodson v. Bali. 60 Pa. 496, 100 Am. Dec. 586.