Trust Estates as Business Companies 1921 / Edition 2

by John H. Sears

Overview

This treatise introduced the concept of “trust estates as business companies.” It provides a trenchant practical description of the law of trusts and historical perspectives into the origin of the modern “Massachusetts Business Trust,” arguably the only common-law method of business organization available with limited liability for the organizers. It also treats income taxation, in a way that is relevant today, “Common Law Companies,” “Business Trusts,” Voluntary Associations” and relevant Massachusetts and Oklahoma statutes. The second edition is a significant update to the original 1912 edition, which was considered a pioneering work in the field. xx, 782 pp.

Product Details

ISBN-13:	9781886363410
Publisher:	Lawbook Exchange, Limited, The
Publication date:	09/30/1998
Edition description:	FACSIMILE
Pages:	802
Product dimensions:	6.00(w) x 9.00(h) x 1.94(d)

About the Author

John H. Sears (1881-1929) was a member of the New York Bar and was the author of Declarations of Trust as Effective Substitutes for Incorporation (1911), A Treatise on Trust Company Law (1917), Minimizing Taxes (1922) and The New Place of the Stockholder (1929).

Table of Contents

I. Explanatory

II. Various Methods of Establishing a Trust Estate in Business

III. The Nature of a Trust Estate

IV. Joint Settlors Creating Trust for their Entire Benefit

V. Liability of Trustee of an Active Trust

VI. Trustee’s Right of Indemnity

VII. Liability of Trust Estate

VIII. Beneficiaries of a Trading Trust

IX. Beneficiaries of a Trading Trust – Continued

X. Nonliability of Beneficiaries of a Trading Trust

XI. Nonliability of Beneficiaries of a Trading Trust – Continued

XII. Relation of Beneficiaries to Trustee

XIII. Perpetuities and Restraints upon Alienation

XIV. Actions By and Against the Trustees

XV. Taxation

XVI. Trustees as Managers

XVII. Protection of Beneficiaries’ Interest

XVIII. Inviolability of a Trust Fund

XIX. Public Policy with Respect to Trust Estates Embarked in Trade

XX. Stipulations in Instruments Establishing Trust Estates in Business

XXI. Stipulations in Instruments Establishing Trust Estates in Business – Continued

Appendix

Table of Cases Cited

Index