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Can An Equitable Interest Held In Trust Be Transferred Wrongfully By The Trustee Free Of The Trust?, Ellsworth Wiltshire
Can An Equitable Interest Held In Trust Be Transferred Wrongfully By The Trustee Free Of The Trust?, Ellsworth Wiltshire
University of Richmond Law Review
We all know that a bona fide purchaser for value of trust property holds the same free of the trust. But it is usually stated that such a purchaser must obtain the legal title to the property to so eliminate the trust beneficiary. However, sup- pose the trustee holds the equitable (but not the legal) title to property in trust for a beneficiary. Is the interest of such beneficiary in the property cut off in Virginia should the trustee wrongfully convey such equitable title to a bona fide purchaser for value?