express trust

Defined in 6 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Black's (1891)

Definitions from Case Law

From 73 U.S. 116 - Osterman v. Baldwin · 1867Most cited · 35 citing opinions

an express trust—not one resulting by implication of law—proved, it is true, by parol, but equally efficacious for the purposes of this suit, as if in writing

The Cyclopedic Law Dictionary

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

See "Trust."

Ballentine's Law Dictionary

James A. Ballentine · 1916

One created by direct and positive act by a writing, deed or will. See 59 Kan. 246, 52 Pac. 454. See, also, 115 Am. St. Rep. 774, note.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

One declared in express terms. See Trusts.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

A trust created or declared in express terms, and usually in writing, as distinguished from one inferred by the law from the conduct or dealings of the parties. State v. Campbell, 59 Kan. 246, 52 Pan 454; Kaphan v. Toney (Tenn. Oh.) 58 S. W. 913; McMonagle v. McGlinn (C. C.) 85 Fed. 91; Ransdel v. Moore, 153 Ind. 393, 53 N. E. 767, 53 In R. A. 753. Express trusts are those which are created in express terms in the deed, writing, or will, while implied trusts are those which, without being expressed, are deducible from the nature of the transaction, as matters of intent, or which are superinduced upon the transactions by operation of law, as matters of equity, independently of the particular intention of the parties. Brown v. Cherry, 56 Barb. (N. Y.) 635.

Defined under Trust in Black's Law Dictionary.

A Dictionary of Law

Henry Campbell Black · 1891

A trust created or declared in express terms, and usually in writing, as distinguished from one inferred by the law from the conduct or dealings of the parties. Express trusts are those which are created in express terms in the deed, writing, or will, while implied trusts are those which, without being expressed, are deducible from the nature of the transaction, as matters of intent, or which are superinduced upon the transactions by operation of law, as matters of equity, independently of the particular intention of the parties. 56 Barb, 635.