Juridical Dictionary

This dictionary contains:
8526
juridical terms

Trustee de son tort






Trustee de son tort

A trustee "of his own wrong"; a person who is not a regularly appointed trustee but because of his or her intermeddling with the trust and the exercise of some control over the trust property, can be held by a court as "constructive" trustee which entails liability for losses to the trust.

RELATED TERMS
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Trustee
Estates. A trustee is one to whom an estate has been conveyed in trust.

Person
This word is applied to men, women and children, who are called natural persons.

Trust
Contracts, devises. An equitable right, title or interest in property, real or personal, distinct from its legal ownership; or it is a personal obligation for paying, delivering or performing anything, where the person trusting has no real. right or security, for by, that act he confides altogether to the faithfulness of those intrusted. This is its most general meaning, and includes deposits, bailments, and the like. In its more technical sense, it may be defined to be an obligation upon a person, arising out of a confidence reposed in him, to apply property faithfully, and according to such confidence.

Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.

Court
A body in government to which the administration of justice is delegated.

Liability
A person or organization's extent of responsibility for a loss. An item of value that is part of the overall debt or obligation of a person or business.



SIMILAR TERMS
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Trust
Contracts, devises. An equitable right, title or interest in property, real or personal, distinct from its legal ownership; or it is a personal obligation for paying, delivering or performing anything, where the person trusting has no real. right or security, for by, that act he confides altogether to the faithfulness of those intrusted. This is its most general meaning, and includes deposits, bailments, and the like. In its more technical sense, it may be defined to be an obligation upon a person, arising out of a confidence reposed in him, to apply property faithfully, and according to such confidence.

Trust agreement or declaration
The legal document that sets up a living trust. Testamentary trusts are set up in a will.

Trustee
Estates. A trustee is one to whom an estate has been conveyed in trust.

Trustee process
Practice. In Massacchusetts, this is a process given by statute, in imitation of the foreign attachment of the English law.

Truster
He who creates a trust. A convenient term used in the laws of Scotland.



PREVIOUS AND NEXT TERMS
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True bill
Practice. These words are endorsed on a bill of indictment, when a grand jury, after having heard the witnesses for the government, are of opinion that there is sufficient cause to put the defendant on his trial. Formerly, the endorsement was Billa vera, when legal proceedings were in Latin; it is still the practice to write on the back of the bill Ignoramus, when the jury do not find it to be a true bill.

True conflict
A legal problem where one or more jurisdictions has a genuine interest in having its law applied. Brainerd Currie (supra) was instrumental in developing the distinction between true and false conflicts.

Trust
Contracts, devises. An equitable right, title or interest in property, real or personal, distinct from its legal ownership; or it is a personal obligation for paying, delivering or performing anything, where the person trusting has no real. right or security, for by, that act he confides altogether to the faithfulness of those intrusted. This is its most general meaning, and includes deposits, bailments, and the like. In its more technical sense, it may be defined to be an obligation upon a person, arising out of a confidence reposed in him, to apply property faithfully, and according to such confidence.

Trust agreement or declaration
The legal document that sets up a living trust. Testamentary trusts are set up in a will.

Trustee
Estates. A trustee is one to whom an estate has been conveyed in trust.

Trustee de son tort

Trustee process
Practice. In Massacchusetts, this is a process given by statute, in imitation of the foreign attachment of the English law.

Truster
He who creates a trust. A convenient term used in the laws of Scotland.

Truth
The actual state of things.

Truth in lending
Statutes which provide that precise and meaningful cost of credit information be provided to the credit customer.

Tub
Measures. In mercantile law, a tub is a measure containing sixty pounds weight of tea; and from fifty-six to eighty-six pounds of camphor.

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This dictionary contains 8526 terms.