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Business Law Ch. 51
Trusts and Decedents' Estates
39
Business
Undergraduate 1
03/04/2010

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Term
A --- is a fiduciary relationship in which legal title to property (--- corpus) is held by one or more parties (the trustee) for the use, enjoyment, and benefit of another (the beneficiary).
Definition
Trust
Trusts
Term
A type of trust established by voluntary action by the creator (settlor); usually in writing, although it may be oral.
Definition
Express Trust
Term
Type of express trust in a will; it becomes effective after the settlor's death.
Definition
Testamentary Trust
Term
Type of express trust established during the settlor's lifetime
Definition
Inter Vivos Trust
Term
Type of express trust that has as its purpose the benefit of humankind.
Definition
Charitable Trust
Term
Type of express trust designed to remove the trust estate from the beneficiary's control and from liability for his individual debts.
Definition
Spendthrift Trust
Term
Type of express trust which is a tentative trust consisting of a joint bank account opened by the settlor (creator of the trust).
Definition
Totten Trust
Term
Testamentary Trust
Inter Vivos Trust
Charitable Trust
Spendthrift Trust
Totten Trust

Are all types of what kind of trust
Definition
Express Trust
Term
An implied trust imposed to rectify fraud or to prevent unjust enrichment.
Definition
Constructive Trust
Term
An implied trust imposed to fulfill the presumed intent of the settlor.
Definition
Resulting Trust
Term
Constructive Trusts and Resulting Trusts are types of:
Definition
Implied Trusts
Term
The three primary duties of a trustee are to:
Definition
(1)­carry out the purposes of the trust
(2)­act prudently
(3)­act with utmost loyalty.
Term
The general rule is that the trust is irrevocable unless a power of revocation is reserved in the trust instrument. This is called:
Definition
Termination
Term
A written instrument, executed with the formalities required by statute, whereby a person makes a disposition of his property to take effect after his death.
Definition
Will (or testament)
Term
A will must be:
Definition
(1)­in writing
(2)­signed
(3)­attested to by witnesses.
Term
A will is revocable by the testator and under certain circumstances may be revoked by operation of law. These include:
Definition
Destruction or Alteration
Subsequent Will
Codicil
Marriage
Term
An addition to or revision of a will executed with all the formalities of a will.
Definition
Codicil
Term
Condition of person who dies without a valid will.
Definition
Intestation
Term
The court's supervision of the management and distribution of the estate.
Definition
Probate
Term
A person who is responsible for collecting the assets, paying the debts, and disbursing the remainder according to the will or intestate statute.
Definition
Executor or Administrator
Term
The person named in the will and appointed by the court to administer the will.
Definition
Executor
Term
Person appointed by the court to administer the estate when there is no will or if the person named in the will fails to qualify.
Definition
Administrator
Term
Type of liability for non-intentional and non-negligent conduct
Definition
Strict Liability
Term
Insurers three main defenses include:
Definition
Misrepresentation
Breach of Warranty
Concealment
Term
False representation of a material fact, justifiably relied upon by the insurer
Definition
Misrepresentation
Term
Breach of Warranty
Definition
Failure of required condition
Term
Fraudulent failure of the applicant for insurance to disclose material facts that the insurer does not know
Definition
Concealment
Term
Describe Estoppel
Definition
Insurance companies cant single you out for breaches when other insurees in the same situation have gotten away with it
Term
Security interest by possession
Definition
Pledge
Term
A Consignor or Consignee are also called:
Definition
Shipper or Shippee
Term
Written document containing the terms of shipment
Definition
Bill of Lading
Term
Property principle in which one could dispose (pass ownership) fully or partially
Definition
Alienate
Term
--- is a division of property based on interest of ownership
Definition
Partition
Term
--- is a forced sale in which profits go to interest of ownership
Definition
Partition by Sale
Term
The first land titles of Lafayette county dates back to:
Definition
1832 Treaty of Pontotoc
Term
Beginning point of all titles in severed lands
Definition
Letter Patent
Term
Titles in Mississippi are recorded where?
Definition
Chancery office
Term
Under Mississippi Law, one may acquire a title after --- years of notoriously using and living on land
Definition
10
Term
In wills, the term used on a legal principle governing a non-existent gift
Definition
Ademption
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