hand," should be made to the guardian of an insane legatee67.

$159. The Enforceability of a Gift of Income Charged with Support.

Where a will declared that the wife should keep and use the residue of the estate for the support and maintenance of herself and family, and the education of the children, and, for the better maintenance and education of the children, the testator committed to his wife their guardianship until of full age, during which time the expense of such maintenance and education were to be paid and borne by his wife out of the moneys and estate given and bequeathed to her, no accounting being provided for nor provision made as to the extent of the education, although the trust is enforceable yet if the support and education of the children were meagerly supplied, the court will not require a retrospective accounting68.

§160. The Income Passes to Whom.

The income from accretions during the minority of a grandson under a will creating a life estate in him, with remainder in fee to his issue, if any, and, if not, to the children of the testator and their children, is payable to him during his life, and upon the death of the grandson, the income and principal pass to the same persons as the real estate9. On the other hand, if the first tenant has

67. State v. Dunbar's Estate, 99 Mich. 99, 57 N. W. 1103. 68. Forbes V. Darling, 94

Mich. 621, 54 N. W. 385.

69. Elared V. Shaw, 112 Mich. 237, 70 N. W. 545.

not a life estate, but merely the use of it for his maintenance and support, the accumulation will pass either into the residuary clause, or be regarded as property not disposed of by will70.

§161. Duration of Annuities.

It is manifest that full effect is given to the time specified in the will when the annuity is to be paid. Where annuities are to be paid until the estate of the testator is settled, the beneficiary is entitled to the allowance until the final settlement actually takes place1.

70.

Schehr v. Look, 84 Mich. 263, 47 N. W. 445.

71. In re Batchelor's Estate, 119 Mich. 239, 77 N. W. 941.

CHAPTER X.

TESTAMENTARY TRUSTS AND POWERS.

$162. Trusts-Testamentary-Elements.

$163. Words Sufficient to Create a Trust.

$164. A Certain Subject-Matter.

§165. A Definite Object.

$166. What Constitutes a Trust and What Does Not.

$167. Precatory Words.

$168. Purposes of Trusts.

$169. Construction of Testamentary Trusts.

$170. Duties of Trustees.

$171. Effect of Failure of a Trust.

$172. Power. Definition.

$173. Construction of Testamentary Power.

$162. Trusts-Testamentary-Elements.

A trust is a confidence reposed in some other, not issuing out of the land but as a thing collateral, annexed in privity to the estate of the land, and to the person touching the land for which the cestui que trust has his remedy in equity1. It is only courts of equity that take cognizance of the trusts and enforce them. The doctrine of trusts is equally applicable to real and personal estates, and the principles that govern one will govern the other. A testamentary trust is one created by will, and the legal title to

1. "A trust is an obligation upon a person arising out of a confidence reposed in him to apply faithfully and according to such confidence."

"A trust is in the nature of a disposition by which a pro

prietor transfers to another the property of the subject intrusted, not that it should remain with him, but that it should be applied to certain uses for the behoof of a third party." Perry on Trusts, vol. 1, p. 2.

the property devised or bequeathed is vested in the trustee, while to the cestui que trust is given certain specified property rights in the realty or personalty devised or bequeathed to the trustee. In accordance with the statutela, a devise of lands to executors or other trustees, to be sold or mortgaged when such trustees are not also empowered to receive the rents and profits, shall vest no estate in the trustees, but the trust shall be valid as a power, and the land shall descend to their heirs, or pass to the devisees of the testator, subject to the execution of the power. Again, under the statute1b, express trusts may be created for any or either of the following purposes:

(1) To sell land for the benefit of creditors;

(2) To sell, mortgage or lease lands for the benefit of legatees or for the purpose of satisfying any charge thereon;

(3) To receive the rents and profits of lands, and apply them to the use of any person, during the life of such person, or for any shorter term, subject to the rules prescribed by law;

(4) To receive the rents and profits of landṣ, and to accumulate the same for the benefit of any married woman, or for either of the purposes and within the limits prescribed by law;

(5) For the beneficial interest of any person or per

A con

1a. C. L. '97, §8840. ditional power of sale see Petit v. Flint, etc., R. Co., 114 Mich. 362, 72 N. W. 238. A will, which provides for sale of real estate and for a distribution of the proceeds by the executors, without stating who shall make the sales, but clearly expressing the intent to

deprive the devisees to whom the proceeds are to be paid from making them, confers the power of sale, as a naked power, without estate or interest, upon the executors, but not to vest any estate or title in them. Mendelbaum v. McDougall, 29 Mich 78. 1b. C. L. '97, §8839.

sons when such trust is fully expressed and clearly defined upon the face of the instrument creating it, subject to the limitations as to time prescribed by law;

The requisites necessary to create a valid trust are, first, words sufficient to create a trust; second, a certain subjectmatter; third, a definite object.

§163. Words Sufficient to Create a Trust.

The principle is well established that no express or technical words to create a trust are requisite, if the intent to devote the estate to a particular purpose is apparent from the terms of the will. Neither is the form of the instrument by which the trust is created essential3.

§164. A Certain Subject-Matter.

The subject-matter of the trust must be certain, definite and complete. Where a bequest fails to designate the securities in which investments shall be made under a clause, "to invest and from time to time reinvest," the bequest is not void for uncertainty”.

§165. A Definite Object.

It is sufficient if the object of the trust, declared and set forth in a will is definite".

$166. What Constitutes a Trust and What Does Not.

It is apparent to constitute a trust, there must be either

2. Dean V. Mumford, 102 Mich. 510, 61 N. W. 7.

3. Packard v. Kingman, 109 Mich. 497, 67 N. W. 551.

4. Packard v. Kingman, 109 Mich. 497, 67 N. W. 551.

5. Caspari v. Cutcheon, 110 Mich. 86, 67 N. W. 1093.

6. Packard v. Kingman, 109