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declaration of trust

Defined in 8 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Black's (1891), Burrill (1850), Bouvier (1839)

Definitions from Case Law

From 76 U.S. 743 - Walker v. Walker's · 1869Most cited · 86 citing opinions

It is not necessary to create the trust that the husband should use any particular form of words, nor need those words be in writing. All that is required is that language should have been employed equivalent to a declaration of trust.

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The act by which an individual acknowledges that a property, the title of which he holds, does in fact belong to another, for whose use he holds the same. The instrument in which such an acknowledgment is made.

Ballentine's Law Dictionary

James A. Ballentine · 1916

An act by which one acknowledges that property to which he holds title is held by him for another’s use. See 66 Ark. 515, 51 S. W. 832.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

The act by which an individual acknowledges that a property, the title of which he holds, does in fact belong to another, for whose use he holds the same. The instrument in which such an acknowledgment is made. Such a declaration is not always in writing; though it is highly proper it should be so; Hill, Trust. 49, note y; Sugden, 200; 1 Washb. R. P. See Tiedm. Eq. Jur. 296; Frauds, Statute of. It differs from a declaration of a use. (1) The word "use" is restricted and refers only to real estate. (2) Use was of common occurrence in times when there existed no method by which the moral rights and claims of the cestui que use could be enforced, whereas trust, when employed in pari materia with use, has always contained within it a necessary implication that the rights and claims of the cestui que trust would be enforced in equity, and, since the coming into operation of the Judicature Act of 1873, in England, in courts of law also; Stroud Jud. Diet. See Uses.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

The act by which the person who holds the legal title to property or -an estate acknowledges and declares that he holds the same in trust to the use of another person or for certain specified purposes. The name is also used to designate the deed or other writing embodying such a declaration. Griffith v. Max-field, 66 Ark. 513, 51 S. W. 832.

Defined under Declaration in Black's Law Dictionary.

A Dictionary of Law

Henry Campbell Black · 1891

The act by which the person who holds the legal title to property or an estate acknowledges and declares that he holds the same in trust te the use of another person orefor certain specified purposes. The name is also use to designate the deed or other writing embodying such a declaration.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

The creation or acknowledgment of a trust. An admission by an individual that a property, the title of which he holds, is held by him as trustee for another. The instrument or writing by which such acknowledgment is made, whether in regular form or otherwise, as by letter. 2 Crabb's Real Prop. 647, § 1764. 1 Hilliard's Real Prop. 303.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

is the act by which an individual acknowledges that a property, the title of which he holds, does in fact belong to another, for whose use he holds the same. The instrument in which the acknowledgment is made, is also called a declaration of trust; but such a declaration is not always in writing, though it is highly proper it should be so. Will. on Trust. 49, note (y); on Pow. 200. See a Merl. Rep. Declaration au_ profit d’un tiers.