Page:Black's Law Dictionary (Second Edition).djvu/1183

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son, 24 R. I. 317. 53 At]. 93, 96 Am. St. Rep. 716; Waring v. Pennsylvania R. 00., 76 Pa. 496, Metropolis Mfg. Co. v. Lynch, 68 Conn. 459, 36 Ati. $2: Spellninn v. Richmond & D. R. Co._ 35 S. C. 475. 14 S. E. 947, 28 Am. St. Rep. 858.

TROY WEIGHT. A weight of twelveounces to the pound. having its name from Troyes, a city in Auhe. France.

TRUCE. In international law. A suspension or temporary cessation of hostilities by agreement between belligerent pow- ers; an armistice. Wheat. Int. Law, 412. —'l‘ruce of God. In medieval law. A truce or suspension of arms promulgated by the churdi. putting a stop to private hostilities at certain periods or during certain sacred seasons.

TRUCK ACT. In English law. This name is given to the statute 1 & 2 Wm. IV. c. 37. passed to abolish what is commonly called the "truck system," under which employers were in the practice of paying the wages of their work people in goods, or of requiring them to purchase goods at certain shops. This led to laborers being compelled to take goods of inferior quality at a high price. The act applies to all artificers, work- men, and laborers, evcept those engaged in certain trades, especially iron and metal works, quarries. cloth, silk, and glass manu- factories. It does not apply to domestic or agricultural servants. Sweet.

TRUE. Contormable to fact; correct; ex- act: actual; genuine; honest.

“In one sense, that only is true which is con- formable to the actual state of things. In that sense, a statement is untrue which does not express things exactly as they are. But in an- other and broader sense, the word ‘true’ is often used as a synonym of ‘honest.’ ‘sincere,’ ‘not fraudulent.’ " Moulor v. American L. Ins. E: 11 U. S. 3-1.‘). 4 Sup. Ct. 466, 28 L. Ed.

—Tl'ue ‘bill. In criminal practice. The indorsement made by o gr-ind jury upon a bill of indictment, when they find it sustained by ihe evidence lnid before thcm, and are satisfied of the truth of the accusation. 4 Bl. Comm. 30f‘v.—'J.'r-ue. public, and notorious. Tbrse three qualities used to be formally predicated in the libel in the ecclesiastical courts, of the charges which it contained, at the end of each article severally. Wharton.

TRUST. 1. An equitable or heneflciai right or.tltle to land or other property, held for the heucficlary by another person. in whom rt-sides the legal title or ownership. recognized and enforced by courts of chacnery. see Goodwin v. liicliiinn, 193 Pa. 646, 44 Ati. 109-1, 74 Am. St. Rep. 703; Beers v. Lyon, 21 Conn. 613; Seymour v. Freer. 8 “'all. 202, 19 L. Ed. 306.

An obligation arising out of a confidence repose-41 in the trustee or representative, who has the legal title to property conveyed to



him, that he will faithfully apply the prop- erty according to the confidence reposed, or, in other words, according to the wishes of the giantor of the trust. 4 Kent, Comm. 304; Willis, Trustees. 2; Beers v. Lyon, 21 Conn. 613; Thoruburg v. Buck, 13 Ind. App. 4-46. 41 N. E. 85.

An equitahie obligation. either express or implied. resting upon a person by reason of a confidence reposed in him, to apply or deal with the property for the benefit of some other person, or for the benefit of himself and another or others according to such cnn fidence. Mclflreary v. Gewinner. 103 Ga. 528, 29 S. E. 960.

A holding of property subject to a duty of employing it or applying its proceeds according to directions given by the person from whom it was derived. iiiunroe v. Grouse. 59 Hun, 2-18, 12 N. Y. Supp. 815.

—Accessory trust. In Scotch law, this is the term equivalent to “active" or "special" trust. See infra.—Active trust. One which imposes upon the trustee the duty of taking active measures in the execution of the trust. as, where property is conveyed to trustees with directions to sell and distribute the proceeds nmong creditors of the grantor; dislinguishecl from a "passive" or “dry” trust.—Gestui que trust. The person for whose benefit a trust is created or vlho is to enjoy the income or the avails of it.—Cous1:i-uctive trust. A trust raised by construction nf law, or arising hy operation of low, as distinguished from an express trust. ‘Vherevcr the circumstances of ii transaction are such that the person who takes the legal estate in property cunnot also enjoy the beneficial interest without necessarily vio- iating some established principle of equity, the court will immediately raise a constructive trust, and fasten it upon the conscience of the legal owner. so as to convert him into a trustee fnr the parties who in equitv are entitled to the beneficial enjoyment. Fiill. Trustees. 116'. 1 Spence. Eq. J iir. 511. l\‘estnr v. Gross. (iii Minn. 371. 69 Ni W. 39: .Ic\\cir_v Co. v.

1-_ 106 Ala. 205, 17 South. 525. 28 L. R. A. . Am. St. Rep. 3I.—Conti.n:7_ent trust. An express [rust may depend for its operation upon a future event, and is then a “continue-at" trust. Civ. (‘ode Ga. 18‘}5, § 315-i.—Di1-ect trust. A direct trust is an express trust, as rlistinguishcd from a constructive or iluniirwi trust. (‘urrence v. Ward. 43 W. Va. 307, 27 S. E. 3‘_.’Sl.-Director-y trust. One which is subject to be moulded or applied according to subsequent directions of the srantorz one which is not completely and finally settled by the instrument creating it, but onlv defined in its general purpose and to be carried into detail according to later specific dii'cctions.—Dx'y trust. One which merely vests the legal title in the trustee, and does not require the performance of any active duty on his part to carry out the trust.—!-Executed trust. A trust of which the scheme has in the outset been completely declared. Adams. Eq. 151. A trust in which the estates and interest in the subject- matter of the trust are completcly limited and defincd by the instrument creating the trust. and require no farther instruments to complete thcm. Ilisp. Eq. 29: Pillot v. London. 46 Ni. 1. Eq. 3197. 13 Ati. 25; Dennison v. Goehrluz.

7 Pa. 7 7 Am. Dec. 505: In re I<‘nir's Fstate, 15 (.'R_i. 533. Bl) Pac. 442, 8; Am. St. itep. 7 : (msliing v. Blake. '29 N. J. Eq. 403;

Egerton v. Brownlow. 4 H. L. Gas. 210. As all trusts are executory in this sense, that the trustee is bound to dispose of the estate

according to the tenure of his trust, whether