passive trust

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.

See "Trust." PASSIVE USE A permissive use (g. v.) PASSPORT (Pr. passer, to pass, port, harbor or gate). In Maritime Law. A paper containing a permission from the neutral state to the captain or master of a ship or vessel to proceed on the voyage proposed. It usually contains his name and residence, the name, property, description, tonnage, and destination of the ship, the nature and quantity of the cargo, the place from whence it comes, and its destination, with such other matters as the practice of the place requires. It is also called a "sea brief," or "sea letter." But Marshall distinguishes sea letter from passport, which latter, he says, is intended to protect the ship, while the former relates to the cargo, destination, etc. See Jacobsen, Sea Laws, 66, note. This document is indispensably necessary in time of war for the safety of every neutral vessel. Marsh. Ins. bk. 1, c. 9, § 6, 317, 406b. A Mediterranean pass or protection against the Barbary powers. Jacobsen, Sea Laws, 66, note; Act Cong. 1796. —

A trust as to which the trustee has no active duty to perform. Goodrich v. Milwaukee. 24 Wis. 429 ; Perkins v. Brink-lev. 133 N. C. 154. 45 S. E. 542; Holmes v. Walter, 118 Wis. 409. 95 N. W. 380, 62 L. R. A. 986,

Defined under Trust in Black's Law Dictionary.