passive trust
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 76 U.S. 23 - McGoon v. Scales · 1869Most cited · 114 citing opinions
By passive trusts we mean those which are express, or created by the words of some deed or other instrument of writing, and not those arising or resulting by implication of law. Every express passive trust is abolished, and the deed or instrument by which it is created, or attempted to be, takes effect as a conveyance directly to the cestui que trust in whom the legal title vests, and the trustee acquires no estate or interest whatever. A conveyance of land from A. to B. to the use of or in trust for C., the trustee having no active duties to perform, constitutes a passive trust.
How often courts cite the case defining “passive trust”
Court decisions citing the opinion that defined “passive trust” — 113 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.