JB/078/110/001

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1826. Octr 13 K
Review of Humphreys
(1.)
§. Agenda?
Preliminary Enactments
Art 5. Trusts
22

This distinction between what he calls active
and passive trusts clears away a dark
cloud: various are the contrasted denominations
by which the two species might be characterized:—
operative and inoperative — real or actual and fictitious:
natural and technical: real and sham.
The misfortune is that with the disadvantages
of imaginaryness, they add those of reality. Purely imaginary
with strict propriety they might be stiled
if in consequence of them nothing is to be done,
but the misfortune is that though to all good
purposes they are non-existent, to all good
one purpose and that a very mischievous one
they are existent. To the person named Trustee,
no discretion, no power of acting or refusing to act —
no power of doing good in any shape is interested,
but unless he takes an apparent part in the business,
and sign his or their names to a deed,
whatever benefit is intended is either altogether
lost, or for an indefinite length of time delayed.
If it is for sale of an Estate, the Estate remains
unalienable: if it is for personal use, the use is
lost or suspended: if it is for maintenance and
education of children, the children remain uneducated,
and so far as regards the line of life
intended for them unmaintained. The worse
than useless trustee is not to say oftener, as often
dead as living: thereupon, comes attornies words
to scent him out, and if at last discovered
to overcome the repugnance so naturally felt
by a man to incur the appararent responsibility
of concurring in giving to and another person a mass
of property, in which he is conscious of not having any share

Identifier: | JB/078/110/001 "JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-10-13	Marginal Summary Numbering
Box	078	Main Headings	Review of Humphreys
Folio number	110	Info in main headings field	Review of Humphreys
Image	001	Titles
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C1
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	25201
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