None
foreign jurisdiction, §§ 103, 104. liability of trust estate, § 106. statutory and express trustees distinguished, § 105. trustees as plaintiffs, § 102. trustees parties defendant, §§ 100, 101. trustee principal and not agent, § 99. ACTIVE TRUSTS, distinguished from dry or active, § 17. settlors own benefit, §§ 22, 23, 24. AGENTS, control of by trustees, § 161. trustee, action against, § 99. trustees not, §§ 26, 27. ALIENATION, suspension of, §§ 89-98. suspension, lawful period, § 95. 371 INDEX. (The references to text are by sections, the exhibits by pages.) AMENDMENT, of trust agreements, § 170. APPLICATION of trust funds, obligation of third persons to see to, § 155, clause 10. "ANTI-TRUST" laws, § 2. APPOINTMENT, trustees terms, § 118. occasion of, § 119. ASSIGNMENT, by corporation, § 148. deed of, creditors as cestuis, § 71. ASSOCIATION, articles creating trust estate, English ruling, § 10, 11. American cases, § 12. B. BANKRUPTCY, trust estate not subject to, § 149. BENEFICIARIES, see "cestuis". BOOK, plan of treatment, § 3. purpose of, § 1. BOOKS, examination of, see "Information". 372 INDEX. (The references to text are by sections, the exhibits by pages.) "BUBBLE ACT," §§ 51-53. not applied in America, § 66. C. CESTUIS, as parties to actions, § 107. creditors as, § 64. creditors, deed of assignment, § 71. devisees, § 65. devisees, non-liability of, § 70. foreign trust, taxation, § 112. holders of certificates of shares, § 86. interests of, protected, §§ 132-144. meetings of, § 144. need not be under any disability, § 89. non-liability of to creditors, §§ 74-77. ^ for trustees' tort, § 34. proportional contributors, § (53. receipts to trustee, effect of, § 144. relations inter sese, §§ 83, 84. rights against trustee, § 85. right to appoint and remove trustees, § 118. right to information, § 141. settlors of, trust estate, § 9. shareholders as, §§ 62, 78-79. taxation of, §§ 111-113. trustees as, § 140. CERTIFICATES OF SHARES, as evidence of rights, § 62. cestuis, owners, § 86. non-holders of, § 73. status of holders, § 135. without par value, § 166. 373 INDEX. (The references to text are by sections, the exhibits by pages.} CLASSIFICATION OF TRUSTEES, § 117. COLLATERAL, using trust shares as, § 143. COMBINES IN RESTRAINT OF TRADE, § 2. COMPENSATION, of trustees, §§ 131, 131o. COMMON shares, see "shares". CONTRACTS, non-liability of cestuis, §§ 74, 75, 76, 77. special provision against personal liability, § 49. stipulation for trustees' indemnity, § 159. CONTRIBUTIONS, non-certificate holding, § 73. CONTRIBUTORS, proportional interest, § 63. CORPORATION, assignments and preferences, § 148. assets as trust funds, § 147. capacity at domicile, §§ 127, 128. disadvantages of, §§ 1, 2a. effect upon, by changing statutes, 2a. examination of books by stockholder, § 134. excise taxes, § 110. liability of directors to stockholders, § 137. over-capitalization, evils of, § 163. relation of stockholders to, § 136. status of stockholders, § 133. unpaid subscriptions, §§ 150, 151. 374 INDEX. (The references to text are by sections, the exhibits by pages.) CO-TRUSTEES, see "trustees". COURTS, advisory power as to trustees, §§ 123-126. CREDITORS, cestuis as, § 64. deed of assignment, cestuis, § 71. liability of trustee, § 68. "lien" on trust assets, § 40. pursuit of trust fund, § 146. pursuit of trustees' right of indemnity, § 39. reaching income of cestui, §§ 14, 15. trusts for debtor and them, §§ 5-8. D. DEBTOR, cestuis himself and creditors, §§ 5, 6, 7, 8. DEBTS, see liabilities. DECLARATIONS OF TRUST, see trust agreements. DEVISEES, cestuis, § 65. trading trust, non-liability, § 70. DIRECTORS, see corporation. 375 INDEX. (The references to text are by sections, the exhibits by pages.) DIVIDENDS, of trust estate in business, § 130. suit for, by cestuis, § 85. DRY TRUSTS, distinguished from active, § 17. for settlor's own benefit, §§ 20, 21. E. ELECTION, of trustees' successors, § 120. EXHIBITS, (References to exhibits are by pages.) agreement by trustees to holders of certificates, p. 287. amendment of trust agreement, pp. 284, 285, 298. amendment of trust agreement, limitations thereon, p. 337. amendment of trust investment, p. 316. annual meeting and special meetings of shareholders, pp. 288, 313. minutes of, pp. 369-370. application of trust funds, third person not bound to see to, pp. 289, 305, 331, 362. by-laws, adoption of by trustees, p. 330. cestuis' meetings, form of, pp. 369-370. cestuis' exemption from personal liability, p. 297. certificates without par value, form of, p. 339. classes and terms of trustees, p. 288. common and preferred shares, p. 307. converting corporation into trust estate, preliminary agreement, pp. 321-325. death of shareholder or trustee, effect thereof, p. 335. dividends, declaration and payment of, pp. 294, 296, 313, 333. 376 INDEX. (The references to text are by sections, the exhibits by pages.) election of trustees, pp. 302, 328. election of officers by trustees and their power, p. 305. executive committees, p. 306. exemption of shareholders from personal liability, p. 314. fiscal year and annual meetings, p. 296. form of bond and coupons, pp. 348-351. form of certificates, pp. 308-311. holding company, pp. 286-300. increase of shares, p. 332. increase or reduction of shares, p. 312. indenture to secure issue of bonds of trust, pp. 348-368. legal title, control and management vested in trustees, p. 288. liabilities, stipulations in contracts against, p. 298. lost certificate, p. 313. manufacturing company, pp. 301-320. meetings and quorums of trustees, p. 330. Merchants' Bank, plan of Alexander Hamilton, pp. 340-347. name of company, pp. 280, 287, 302, 341. notices of meetings and calls, method of making, pp. 281, 334. number and classes of trustees, pp. 287, 302, 320. obligation by subscribers, p. 282. officers' election of by trustees and defining their duties, trustees' compensation, p. 331. powers of trustees, pp. 303-304, 328-329. powers of trustees in real estate trust, p. 279. provisions for sale on mortgage, p. 282. real estate trust, pp. 279-285. recording of declaration and amendments, p. 336. regulations as to inspection of books by shareholders, p. 316. resignation and death of trustees, p. 328. shareholder — death of, trustee — death of, p. 297. 377 INDEX. (The references to text are by sections, the exhibits by pages.) shareholders' exemption from personal liability, trustees' exemption from personal liability, p. 335. shareholders' meetings, annual and special, pp. 328, 334. liability, stipulation against, p. 344. special meetings, p. 297. voting personally and by proxy, p. 281. shares, common and preferred, pp. 294, 328. without par value, pp. 328, 339. forms of certificates, pp. 291-295. original and additional, p. 332. to be personal property, p. 314. stated meeting by trustees, adoption of by-laws, p. 305. stipulation against personal liability "stamped" on con- tracts, pp. 337-338. stipulations making trust estate liable on trust contracts, p. 315. subscriptions, provisional on amount subscription, p. 283. termination of trust, pp. 336, 346. transfer of shares, p. 343. transferability of shares, p. 312. trust term, p. 282. trust term and winding up, p. 298. trust term and extension thereof, p. 315. trustees' compensation, p. 281. trustees, election of officers, and vesting of authority, p. 290. filling vacancies, p. 282. insurance for personal protection, p. 332. meetings, called by, p. 281. non-liability for error of judgment, pp. 306, 291, 331. provision for exemption from personal liability, p. 315. right to issue additional shares, p. 295. stated meetings, by-laws of, p. 290. unpaid subscriptions, installments on, p. 280. 378 INDEX. (The references to text are by sections, the exhibits by pages.) EXTENSION, of trust term, § 96. F. FOREIGN CORPORATIONS, see corporations. FORMS, see Exhibits. I. INDEMNITY, torts of trustee, §§ 41, 42, 43, 44. trustees' right to, §§ 39, 40. stipulation for, § 159. INFORMATION, right of cestui to, § 141. motive in seeking, § 142. restraint on right to, § 142. INSURANCE, protection of to trustees, creditors and cestuis, § 160. INVESTMENT, temporary, by trustees, § 162. J- JOINT LIABILITY, see "Liability". JOINT-STOCK COMPANIES, see unincorporated associations. 379 INDEX. (The references to text are by sections, the exhibits by pages.) L. LIABILITY, of trust estate, § 69. of trust estate, express provision, §§ 46, 47. of trustees joint and several, § 121. . of trustee, stipulation against, §§ 29, 30, 31, 32. negligence by trustee, §§ 33, 34, 35, 36. personal, of trustee, § 28. see also non-liability. M. MANAGEMENT, negligence of trustee, §§ 33-36. MAJORITY, management by trustees, § 117. MONOPOLIES, illegal, § 2. MEETINGS, of cestuis, § 144. MORTGAGES, by trustees, § 169. N. NAME, adoption of, for trust estate, § 158. NEGLIGENCE, of trustee, §§ 33-36. NON-LIABILITY, cestuis, contracts of trustees, §§ 74-75, 76, 77. devisees, trading trust, § 70. 380 INDEX. (The references to text are by sections, the exhibits by pages.} NOTE, by trustees, proper stipulation in against personal lia- bility, § 30. NOTICE, recording of trust agreement as, § 172. P. PARTIES, actions of statutory and express trustees, § 105. foreign jurisdiction, §§ 103, 104. trustees as plaintiffs, § 102. trustees, action against, §§ 100, 101. PARTITION, restraint upon, § 97. PARTNERSHIPS, shareholders, §§ 83-84. PASSIVE TRUSTS, see "dry trusts". PERPETUITIES, §§ 89-98. PERSONAL RESPONSIBILITY, corporations and trusts compared, § 2c. see also "cestuis" and "trustees". PLEDGE, see collateral. PRECEDENTS, see Exhibits. 381 INDEX. (The references to text are by sections, the exhibits by pages.) PREFERENCES TO CREDITORS, By corporations, § 148. cannot be made by trustees, § 146. PREFERRED SHARES, see "shares". PRINCIPAL, trustee is, §§ 26, 27. PURPOSES, trust estate in business, variety and extent, § 157. R. REAL ESTATE TRUSTS, §§ 24, 153. RECORDING, trust agreement, § 172. REINVESTMENT, suspension of alienation, § 93. REMAINDERMAN, right to a "stock" dividend, § 130. REMOVAL OF TRUSTEES, § 85. REPORTS, as protection, § 132. provisions in trust instrument for, § 168. see also "information". RESPONSIBILITY, legitimate escape of, § 2. 382 INDEX. (The references to text are by sections, the exhibits by pages.) RESTRAINTS, upon alienation, §§ 89-98. upon partition, § 97. REVOCABILITY, with reference to restraints on alienation, §§ 92, 926. S. SALARIES, see "compensation". SETTLORS, active trusts for own benefit, §§ 22, 23, 24. dry trust for their benefit, §§ 20, 21. estates for self and others, §§ 5, 6, 7, 8. for own benefit, §§ 9, 15, 16. trusts for self and another, § 19. trust, for own benefit, perpetuities, § 89. SHAREHOLDERS, cestuis as, § 62. partners or not, §§ 83, 84. unincorporated association, liability of, § 80. see also "cestuis". SHARES, in trust without par value, § 166. preferred in trust estate, § 167. see also "transferable shares". STIPULATION, personal liability of trustee exempted by, §§ 29, 30, 31, 32. when oral, burden of proof, § 29. 383 INDEX. (The references to text are by sections, the exhibits by pages.) STOCKHOLDERS, see corporations. SUBSCRIPTIONS, unpaid, trust estates and corporations distinguished. §§ 150, 151. SUITS, see Actions. T. TAXATION, double prohibited, § 111. excise tax, § 110. foreign trusts, resident cestui, § 112. TERMINATION, voluntary, of trust estate, § 171. TORTS, insurance against liability for, § 160. liability of trustees, §§ 33-36. right of trustee to indemnity, American cases, §§ 41-44. TRADE, trust in, transferable shares, §§ 55-61. trust estates embarked in, debts, § 48. TRANSFERABLE SHARES, collateral security, § 143. trading trust, §§ 55-61. unincorporated associations, §§ 52, 53. 384 INDEX. (The references to te.vt are by sections, the exhibits by pages. > TRUST AGREEMENT, amendment, § 170. contents of, §§ 153, 171. general directions in, § 155. recording of, § 172. unnecessary detail to be avoided, § 156. TRUST ESTATE, adoption of name, § 158. assets, its capital, §§ 164, 165. distribution of earnings, $ 130. history of as business companies, §§ 153, 154. in business, uses of, § 2b. liability under express provision, §§ 46, 47. liability of, § 69. not subject to bankruptcy, § 149. preferred shares in, § 167. publicity — reports — accounting, § 168. shares in, § 166. status of, § 14. status of settlors' benefit, §§ 15, 16. statement of purposed, § 157. stipulation in trust instruments, §§ 153-171. voluntary termination, § 171. TRUST FUND, corporate assets, § 147. inviolability of, §§ 145-152. pursuit of by creditor, § 146. TRUST METHOD, advocacy of, § 2. TRUST TERM, extension, § 96. 385 INDEX. (The references to text are by sections, the exhibits by pages.) TRUSTEES, actions in foreign jurisdiction, §§ 103, 104. statutory and express, trustees distinguished, § 105. appointment and terms, § 118. as managers, §§ 115-131a. care of cestuis, § 140. compensation, §§ 131, 13 la. creditors', liability to, § 68. defaults of co-trustees, § 122. direction by courts, §§ 123, 124, 125. discretion, control of, by courts, § 117. importance of being uncontrolled by cestuis, §§ 3, 60. dry trust, duties of, § 17. election of, § 120. embarked in trade, transferable shares, §§ 55-61. emergency, cases of, right of single trustee to act, § 117. employment of agents, § 161. independent status, §§ 26, 27. information to cestuis, § 141. insurance against loss, § 160. liability, joint and several, § 121. liability of cestuis, § 85. liability to unincorporated association, § 87. liability stringent, § 28. management by majority, § 117. mortgages by, § 169. occasion of appointment, § 119. parties defendant, and as plaintiffs, §§ 100, 101, 102. personal liability, stipulation against, §§ 29, 30, 31, 32. purchasing trust assets, "dummies," § 139. ratification by, § 117. receipts from cestuis, effect of, § 144. removal of, § 85. 386 INDEX. (The references to text are by sections, the exhibits by pages.} reports required by trust instrument, § 142. right to indemnity, §§ 39, 40. special contract against personal liability, § 49. stipulation for indemnity, § 159. trustees doing business abroad, §§ 128, 129. temporary investments by, § 162. tort, right of indemnity, American cases, §§ 41, 42, 43, 44. unity of management, § 116. TRUSTS, embarking in trade, debts, § 48. for settlors and another, § 19. passive and active distinguished, § 17. settlors' benefit, perpetuities, § 89. U. UNINCORPORATED ASSOCIATIONS, common law, § 51. transferable shares, §§ 52, 53. liability of shareholders, § 80. liability of trustee to, § 87. UNINCORPORATED COMPANY, articles of association, English ruling, §§ 10, 11. American cases, § 12. W. WILLS, creating business trust, § 4. devisees as ccstuis, § 65. 387 University of California SOUTHERN REGIONAL LIBRARY FACILITY 405 Hilgard Avenue, Los Angeles, CA 90024-1388 Return this material to the library from which it was borrowed. AVE-KY 6c FRENCH. 