ly con. e land ed of stees, e of a Oasi the hall ed e ence ..d their inconve... to Trustees inca citated; as ts, &c. duction of trusts, the Cou The legal estate vested in the trustee, is in equity, protected against his judgments, and other incumbrances, and against his bankruptcyd; and from the dower and freebench of his wife; and from the tenancy by curtesy of the husband of a female trustee f. In Geary v. Bearcrofts, it is said, that if "a "man conveys lands in trust, and the trustee d See Hinton v. Hinton, Be vant v. Pope, 2 Freem. 71, Vin. Ab. 157. 8 Carter, 67. But see Lane, 39. 54. vancos SECT. IX. his estate and office. trust, if properly created, will fasten upon, Of the trustee, and attach to the land, intended to be made subject to it. The king, or a corporate body, may be a trustee; and where an estate was devised to the separate use of a feme covert, without the intervention of trustees, it was determined, that the husband should be a trustee for his wife. So in a case, where a devise to a corporation (in trust) was void by the late statute of mortmain, the court decreed, that the heir at law of the devisor should be a trustee for the purposes of his will. Of incum But although the courts now generally consider the trust as attaching upon the land itself, so as to convert all persons, seised of, or acquiring the legal interest, into trustees, yet this rule has an exception in the case of a conveyance by a trustee for a valuable consideration to one, who has no notice of the trust. In this instance the purchaser shall not be affected by the trust. (2.) The rule will be further exemplified brances of, and by considering, how the estate of the trustee is affected by his own acts or incumbrances. forfeitures by, the trustee at law. * Moggridge v. Thack well, 3 Bro. 517. y Kildare v. Eustace, 1 Vern. 439. 1 Ves. 453. 3 Atk. 309. • Bennett v. Davies, 2 P. W. 316. 2 Ves. 665. b Sonley v. Clock-makers' Company, 1 Bro. 81. Snagg's case, cited 2 21 Ves. 467, 468. 536. 2, Freem. 43. pl. 47. 1 P. Vern. 412. W. 273, 279. Before the statute of uses, the estate of the SECT. IX. feoffee was subject to all the incidents, to of the trustee, which a real ownership was liable; owing to office. this The legal estate vested in the trustee, is in equity, protected against his judgments, and other incumbrances, and against his bankruptcyd; and from the dower and freebench of his wife; and from the tenancy by curtesy of the husband of a female trustee f. In Geary v. Bearcroft, it is said, that if" a man conveys lands in trust, and the trustee d See 1 P. W. 278. 1 Bro, 278. 2 P. W. 318. 3 P. W. 187. note A. с See Hinton v. Hinton, 2 Ves. 634, 638. Noel v. Jevon, 2 Freem, 43. Be vant v. Pope, 2 Freem. 71. Casborne v. Inglis, 7 Vin. Ab. 157. 8 Carter, 67. But see Lane, 39. 54. his estate and (230.) SECT. IX. Of the trustee, his estate and office. commits felony, these lands shall be forfeited, though he may have relief in equity." It is the same, I apprehend, if the trustee commit treason; for as the cestuique trust forfeits his estate for treason, it is not consonant to justice, that the trustee should forfeit it for the same offence. In the case of Pawlett v. the Attorney-general", baron Atkyns strongly supported this opinion, upon the ground, that the king is the fountain and head of justice and equity; and that it shall not be presumed, that he will be defective in either and that it would derogate from the king's honour to imagine, that what is equity against a common person, should not be equity against him. Since, however, the late statute, it is not probable, that a question will arise, in the case of the king, either upon the felony, or treason of a trustee. The case of a subject, claiming as lord by escheat, is more doubtful. In the case of Eales v. England, the Master of the Rolls said, "If the "trustee die without heir, the lord, by escheat, "will have the land at law; yet subject to the "trust here." The point, I believe, has not been directly determined', pacitated; as Conveyancom by them. (3.) The legislature has, in several in- Trustees inca stances, enabled trustees incapacitated, or re- infants, &c. strained from conveying, to execute conveyances of the legal estate, vested in them as trustees. By the statute of 7 Anne, c. 19., infants having estates in lands by way of trust or mortgage, are enabled under the direction of the Court of Chancery to convey the lands, of which they are trustees", "discovery of any such es"cheat, as to his majesty, "his heirs or successors "respectively, shall seem "fit; any thing in the "said acts, or any of them, "to the contrary notwith"standing." See 47 Geo. 3. sess. 2. c. 24. * Prec. Cha, 200, 1 Eq. Ab. 384. in note. See the arguments in Burgess v. Wheate. Whereas many incon veniences do and may arise, by reason that persons under the age of one-andtwenty years, having es tates in lands, tenements, |