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Guide to Corpus Juris Secundum
CORPUS JURIS SECUNDUM VOLUME XLIX
CJS 90 Trusts, Section Intention of Creator or Settlor Footnote Violation of intent; substitution of discretion: "Neither court nor beneficiary not legislature is competent to violate settlor's intent and substitute its discretion for that of settlor"- Fidelity Union Trust Co. Rights created; powers reserved: " 1 In determining what rights are created by a trust instrument, the intent of the creator is controlling. Furthermore, even where the legal and equitable titles are both vested in the same person equity will under certain conditions refuse to recognize a merger which might well exist in law, as where such result would be contrary to the intention of the trustor and would destroy a valid trust. The primary, or cardinal, rule in the construction of trusts is that the court must, if possible, ascertain and effectuate the intention of the creator, so far as it appears reasonably certain and consistent with rules of law, or consonant with the limitations of law, and unless forbidden by law, public policy, or good morals. The intention of the creator controls in the construction of trusts or the intention governs or prevails, when it is not inconsistent, or in conflict, with established rules or principles of law or some positive rule of law, or public policy. A construction enabling the trustees, in their discretion, to frustrate, rather than carry out, the settlors intention will not be adopted unless the language and tenor of the trust instrument admit of. The construction of the trust instrument depends on the trustors intent at the time of the execution, as shown by the face of the document, and not on any secret wishes, desires, or thoughts after the event.
It is arranged alphabetically, into over topics, which in turn are arranged into subheadings. As of [update] , CJS consisted of bound volumes, 5 index volumes and 11 table of cases volumes. The name Corpus Juris literally means "body of the law"; Secundum denotes the second edition of the encyclopedia, which was originally issued as Corpus Juris by the American Law Book Company from to The print edition is updated annually with pocket supplements and revised editions of bound volumes. While legal encyclopedias like CJS were at one time heavily used by the courts, the growth of statutory and regulatory governance has had the effect of eroding this reliance.
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Students can scan the QR code to hear the audio file instantly on their smart phones. We offer LibTour materials to you under this Creative Commons license. It means those of you at schools and libraries — including law firm and public libraries — can use LibTour about however you want. But, change it around completely, post it on your own site, work it into your library tours, paste all the QR codes onto one handout…whatever you want. CJSs are commonly used in first-year legal writing assignments. The articles read like the text of a book and footnotes in each article provide cites to U.