Trusts and Duties of Trustees; Instruction Paper ...

Released on by George Luther Clark
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  • Trusts and Duties of Trustees; Instruction Paper ... Book Detail

  • Author : George Luther Clark
  • Release Date : 2013-09
  • Publisher : Theclassics.Us
  • Genre :
  • Pages : 32
  • ISBN 13 : 9781230280295
  • File Size : 10,10 MB
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Trusts and Duties of Trustees; Instruction Paper ... by George Luther Clark PDF Summary

Book Description: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... know that a bailee, executor, administrator, or trustee, is bound to keep goods always in his own hands. They are to keep them as their own, and take the same care; if, therefore, a man lodged trust money with a banker, if lost, in many cases the court has discharged the trustee, especially if lost out of the banker's hands by robbery. In the present case what has been done is what she would have done with her own, and, therefore, she is not liable for the goods so lost." It is frequently the trustee's duty not to keep personal charge of trust funds. For example, it would not be considered due care for him to keep large sums of trust money at his residence. His duty is to deposit the money in a reputable bank at his earliest opportunity; and if he fails to do so he will be liable for the loss if the money is stolen. 163. Liability of Custodians of Public Funds. Though fiduciaries are generally liable only for due care and not as insurers, there is in most jurisdictions an exception in case of a public officer--e. g., a county treasurer--whose duty it is to have custody of public funds; he is liable as an insurer. Hence, it is no defense that he deposited the money in a reputable bank in his capacity as fiduciary; if the bank fails he must bear the loss. This doctrine is based on public policy. duty not to delegate the trust to another 164. General Rule. No one is bound to accept a trust, but after once accepting it he cannot convey the trust property to another or divest himself of any part of his trust duties at his pleasure. He must either get the permission of the cestui or cestuis--which will be sufficient only when they are all sui juris--or else secure a release from the proper equity court. 165. Transferee Has...

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