active trust


active trust
A trust which maintains the legal estate in the trustee, to enable him to perform the duties devolved on him by the donor, and gives the cestui que trust only a right in equity to enforce the per- formance of the trust. 54 Am J1st Trusts § 13. A trust in which active duties are to be performed by the trustee with reference to the administration of the trust property, and in which the primary use of the property is to be expressly or impliedly, by reason of such active duty, vested in the trustee. Holmes v Walter, 118 Wis 409, 95 NW 380.

Ballentine's law dictionary. . 1998.