Page:EB1911 - Volume 27.djvu/348

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Trusts.—A trust in English law is defined in Lewin's Law of Trusts, adopting Coke's definition of a use, as “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 cestui que trust has no remedy but by subpoena in Chancery.” The term trust or trust estate is also used to denote the beneficial interest of the cestui que trust. The term truster is not used, as it is in Scotland, to denote the creator of the trust. A trust has some features in common with (q.v.); but the great difference between them is that a contract can only be enforced by a party or one in the position of a party to it, while a trust can be, and generally