Special Trust
Defined in 4 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
A special trust is one where a trustee is interposed for the executrust, a mere passive depositary of the estate, but is required to exert himself actively in the execution of the settlor's intention; as, where a conveyance is made to trustees upon trust to reconvey, or to sell for the payment of debts. 2 Bouv. Inst, note 1896. 115 111. 668. See "Trust."
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
A special trust is one v. Collector of Customs, 49 Fed. 561, 1 C. C. where a trustee is interposed for the execu- A. 371, 6 U. S. App. 53. tion of some purpose particularly pointed out, SPECIFIC LEGACY. See Legacy. and is not, as in case of a simple trust, a mere passive depositary of the estate, but is SPECIFIC PERFORMANCE. The actual required to exert himself actively in the exe- performance of a contract by the party bound cution of the settler’s intention: as, where a to fulfil it. As the exact fulfilment of an conveyance is made to trustees upon trust to agreement is not always practicable, the reconvey, or to sell for the payment of debts. phrase may mean, in a given case, not liter- Lew. It. 3, 16. See Trust. al, but substantial performance; Waterm. Spec. Perf. § 1.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
Where the machinery of a trust is introduced for the execution of some purpose particularly pointed out, and the trustee is not a mere passive depositary of the estate, but is called upon to exert himself actively in the execution of the settlor's intention ; as, where a conveyance is to trustees upon trust to sell for payment of dehts. Special trusts have been divided into (1) ministerial (or instrumental) and (2) discretionary. The former, such as demand no further exercise of reason or understanding than every intelligent agent must necessarily employ ; the latter, such as cannot be duly administered without the application of a certain degree of prudence and judgment. 2 Bouv. Inst no. 1896; Perkins v. Brinkley, 133 N. G. i54, 45 S. E. 541; Flagg v. Ely, 1 Edm. Sel. Cas. (N. Y.) 209; Freer v. Lake, 115 111. 662, 4 N. E. 512 ; Dodson v. Bali. 60 Pa. 496, 100 Am. Dec. 586.
Defined under Trust in Black's Law Dictionary.