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Trusteee cannot act as an agent for a reason

Agent of beneficiaries

Implied trust
2 kinds
1. Resulting trust- the one in which imposed by law with intention to form(created by operation of
law) and presumed to be created
2. Constructive trust- imposed of law irrespective of intention(not created by any words)

Other classification
As to Effectivity
1. Testamentary trust
2. Trust inter vivos- living trust
3. Revocable
4. Irrevocable

Express trust
1. Charitable- design for the benefit for the public
2. Accumulation- accumulate income to be re invested for a period
3. Spend trift- one establish when the beneficiary needs to be protected
4. Springkling trust- one which gives the trustee

Terminating express trust


1. When there is total loss of the object “trust res”
2. When there is happening of the resolutory condition
3. Expiration
4. Mutual agreement
5. Rescission or annulment
6. Death
7. Court decision
8. Breach of trust
9. Merger of the trust
10. Accomplishment
11. Prescription

Acquisitive prescription
10 years, but based exclusively of fraud is 4 years from the time of discovery(apply only if the plaintiff
is not in possession)

acts to constitute repudiation(reconveyance is an action in court)


1. Mere receipts cannot constitute acts of repudiation
2. Trustee cannot acquire the thing entrusted to him

If the property is in possession of 3rd person(if sold to another, reconveyance may not be applicable)
Latches- may apply( applies
Implied trust(latches may barr)

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