TRUSTS-POSSIBLE EXTENSION OF THE TENTATIVE TRUST DOCTRINE

Authors

Abstract

The settlor established a trust for the plaintiff, his daughter, appointing a trust company as trustee. The trust deed expressed the purpose of adding to the estate, but no additional property was delivered to the trustee. Later the settlor rented a deposit box from the trust company in the name of the plaintiff by himself as agent and informed its officers that he was creating another estate for the plaintiff for her use later in life, that he would manage the estate, and that he did not want plaintiff to know about the box. From time to time he placed securities in the box along with bonds belonging to the plaintiff. A key to the box with a tag attached, signed by the settlor, instructing the plaintiff that it was the key to her box and for her to deliver the contents to the trustee to add to her trust fund, was found among his papers at his death. Plaintiff sued the settlor's executors to recover the securities; the court held that a valid trust was created, though (1) the transaction was kept secret from the plaintiff, (2) the settlor reserved the income during his lifetime, and (3) the ultimate trust res consisted of the securities, originally or subsequently deposited, remaining in the box at settlor's death over which he had had a power of revocation by removal. The court rejected the arguments in support of an attempted inter vivos gift. DeLeuils Ex'rs v. DeLeuil, (Ky. 1934) 74 S. W. (2d) 474.

Recommended Citation

TRUSTS-POSSIBLE EXTENSION OF THE TENTATIVE TRUST DOCTRINE, 33 Mich. L. Rev. 820 (1935).
Available at: https://repository.law.umich.edu/mlr/vol33/iss5/18