A passive or dry trust is one which requires the performance of no duty by the trustee to carry out the trust, but by force of which the legal title merely rests in the trustee.
2. A trust arises when property has been conferred upon one person and accepted by bim for the benefit of another. Tbe former is a trustee, and holds the legal title, and the latter is called the cestui que trust, or bene ficiary. In order to originate a trust, two things are essential,—first, that the owner ship conferred be connected with a right, or interest, or duty for the benefit of another ; and, second, that the property be accepted on these conditions.
Before the Statute of Frauds, 29 Car. II. e. 3, N 7, 9, a trust, either in regard to real or, personal estate, might have been ^reated by patrol rts well as by writing. That statute required all trusts as to real estate to be-in writing. 4 Kent, Comm. 305; Adams, Eq. 27, 28; 5 Johns. N. Y. 1; 15 Vt. 525.
No particular form of words is requisite to create a truet. The court will determine the intent from the general scope of the lan guage. 10 Johns. N. Y. 496 ; 4 Kent, Comm. 305.
The facts, however, to warrant the inference of a trust, must be more than loose and general declarations ; but, on the other hand, pawl declaration will not be received to.
contradict the inference of a trust in land fairly deducible from written declarations. 5 Johns. Ch. N. Y. 2.
A trust, as to personal property, inay be proved by parol evidence. 1 Bail. Ch. So. C. 510 ; 1 Hare, Ch. 158 ; Adams, Eq. 28 ; 3 Sharswood, Blackst. Comm. 431.
lf a trustee dies, or fails or refuses to exe oute or accept the trust, or no trustee is named, the trust does not for that reason fail. It is a settled rule that the court of chancery will provide a trustee or attend to the execu tion of the trust. 2 Vern. Ch. 97 ,• 4 Yes. Ch. 108 ; 10 Sim. Ch. 256 ; Adams, Eq. 36.
Trusts are interpreted by the ordinary rules of law, unless the contrary is expressed in the language of the trust. 15 lnd. 269 ; 3 Des. So. C. 256. Most of the states have special legislation upon the subject, making the systems of the different states too various for fuller development here. See 4 Kent, Comm, 290-295 ; Hill, Trustees ; Lewin, Trusts ; Greenleaf, Cruise, Dig.; Washburn, Real Prop.; Story, Eq. Jur. ; Spence, Eq. Jur.; Adams, CONKRUCTIVE TRUSTS ; IMPLIED TRUSTS ; RESULTING TRUSTS.