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in trust' words in will

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 33 U.S. 326 - William King v. John Mitchell et al. · 1834Most cited · 10 citing opinions

There is no doubt, that the words 'in trust,' in a will, may be construed to create a use, if the intention of the testator or the nature of the devise requires it. But the ordinary sense of the term is descriptive of a fiduciary estate or technical trust; and this sense ought to be retained, until the other sense is clearly established to be that intended by the testator.