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1.1.1 An Express TrustPrint Page

An express trust is one that comes into being when a person having the power to create a trust expresses an intent to have a trust arise and take steps to create a trust.

To constitute an express trust, various combinations of elements have been said to be essential, the most common one being: Sufficient words to create it; a definite subject, and a certain and ascertained object. It would seem, however, that the elements of an express trust, as distinguished from the acts or words necessary to create it, are the same as those of all trusts, and consist of a trust res or subject matter, and the holding of the legal title of that property by one person for the benefit of another, while the matters requisite to create such a trust as a sufficient declaration of trust, evidencing an intention to create a trust and setting out the trust property, terms, and parties with reasonable certainty, and a transfer of the legal title by the owner of the property to a trustee to be held for the benefit of another, or a retention of title by the owner under circumstances which clearly and unequivocally disclose an intent to hold for the use of another. Sieling v. Sieling, 151 Md. 536, 549-550 (1926) (quoting, “39 Cyc. 34″). (Emphasis added.)