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Open Access. Powered by Scholars. Published by Universities.®

2019

Democracy

Washington and Lee Law Review Online

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Less Trust Means More Trusts, Bridget J. Crawford Apr 2019

Less Trust Means More Trusts, Bridget J. Crawford

Washington and Lee Law Review Online

The word “trust” has multiple meanings. In everyday speech, it refers to a feeling of confidence associated with integrity, such as trusting that a friend will keep a secret. In the financial context, some law students, lawyers and lucky individuals also understand that a trust is a near-magical device that splits legal and equitable title. A trustee holds formal legal title to property for the benefit of a beneficiary simply because the grantor declares it to be so. By turning the spotlight on “trust,” in both senses of the word, one can discern fault lines in contemporary U.S. political and …