Can an Equitable Interest Held in Trust Be Transferred Wrongfully by the Trustee Free of the Trust?

Wiltshire, Ellsworth

Journal: University of Richmond Law Review

Volume: 1

First Page: 55

Year: 1967

Bluebook Citation: 1 U. RICH. L. REV. 55 (1967)

Author: Ellsworth Wiltshire: all 10 publications


Abstract

We all know that a bona fide purchaser for value of trust property holds the same free of the trust. But it is usually stated that such a purchaser must obtain the legal title to the property to so eliminate the trust beneficiary. However, sup- pose the trustee holds the equitable (but not the legal) title to property in trust for a beneficiary. Is the interest of such beneficiary in the property cut off in Virginia should the trustee wrongfully convey such equitable title to a bona fide purchaser for value?

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