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St. Mary's University

Arthur Yao

Estates and Trusts

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Want Of Trustee As Affecting The Creation Of Trusts., Arthur Yao Dec 1970

Want Of Trustee As Affecting The Creation Of Trusts., Arthur Yao

St. Mary's Law Journal

If a court determines that an instrument created a trust, that trust will not fail for want of a trustee. The analysis for determining whether a trust was created, however, depends on the context the failure arises in. For testamentary trusts, as long as the testator’s intention is clearly manifested in the will, equity will enforce it regardless of the cause of the failure of trustee. The analysis for inter vivos conveyances requires the court to determine whether the failure for want of a trustee was initial or subsequent. If the failure was subsequent, a validly created trust will not …