estates. A trustee is one to whom an estate has been
conveyed in trust.
2. The trust estate is not subject to the specialty or judgment debts of
the trustee, to the dower of his wife, or the curtesy of the hushand of a
3. With respect to the duties of trustees, it is held, in conformity to
the old law of uses, that pernancy of the profits, execution of estates, and
defence of the land, are the three great properties of a trust, so that the
courts of chancery will compel trustees, 1. To permit the cestui que trust to
receive the rents and profits of the land. 2. To execute such conveyances, in
accordance with the provisions of the trust, as the cestui que trust shall
direct. 3. To defend the title of the land in any court of law or equity.
Cruise, Dig. tit. 12, c. 4, s. 4.
4. It has been judiciously remarked by Mr. Justice Story, 2 Eq. Jur.
§1267, that in a great variety of cases, it is not easy to say what the
duty of a trustee is; and that therefore, it often becomes indispensable for
him, before he acts, to seek, the aid and direction of a court of equity.
Fonbl. Eq. book 2, c. 7, §2, and note c. Vide Vin. Ab. tit. Trusts, O, P,
Q, R, S, T; Bouv. Inst. Index, h. t.
Source: Bouviers Law Dictionary 1856 Edition