Page:The American Cyclopædia (1879) Volume XVI.djvu/25

TRUSTEE PROCESS TRUSTS steel spring covered with soft leather or oiled silk, and having its ends approximating to within a few inches of each other; attached to one end is a small round or oval pad, stuffed with cotton or wool, and having for its basis a small iron plate ; the other end of the spring has either a larger and flat pad, or a strap con- nected with it. The smaller pad is placed over the ring or point where the hernial 'tumor has protruded (see HERNIA), and the spring passes over the hip, and either exerts its pressure by means of the large counter pad on the back, or is by means of a strap passing over the oppo- site hip connected with the pad by a buckle or eyelet and button on the back of the pad. Sometimes, where it is necessary to adjust it with great care, another strap passing over the inner surface of the thigh connects with the spring on the back. Where, as is sometimes the case, there is a double hernia, this spring is made sufficiently long to clasp over both hips, and has a pad at each end. In this case there should be a pad attached to the middle of the spring to exert gentle pressure on the spine, and thus keep the truss more perfectly in position. There are numerous patterns of trusses, varying considerably in form, but they may all be reduced to three classes: those with a flat pad, intended to press upon the whole surface of the ring or place through which the intestine protrudes; the oval or egg-shaped pad, which presses directly into the ring, and thus prevents the escape of the intestine ; and the semicircular pad, which acts by supporting the intestine from above and pressing it away from the point of rupture. The truss, though preventing the recurrence of the hernial tumor when properly adjusted, seldom effects a radi- cal cure. This has been attempted by pur- posely so adjusting it as to cause it to produce some inflammation and adhesion of the serous surface around the ring so as to effect com- plete occlusion of it; but it should never be done except under the direction of a skilful physician, as it is attended with danger. TRUSTEE PROCESS, a process in certain states for reaching the goods or credits of a debtor in the hands of another who holds them for or is indebted to him. The proceeding for the purpose is by suit collateral to the suit against the debtor, in which the person proceeded against will be charged as trustee of the debtor, and adjudged to pay or account in satisfaction of the principal claim. The alleged trustee is examined on oath, and whatever belonging to the debtor is found in his hands is attached from the time the process is served upon him. The proceeding is purely statutory. In some states the corresponding proceeding is called a proceeding in garnishment, and the trustee is designated a garnishee. In these proceedings the trustee cannot be compelled to do more than he 'was bound to do by his contract or arrangement with the debtor. TRUSTS. It is quite certain that trusts, which have now such immense importance in the law and the disposition of property in England and in the United States, originated in fraud. The feudal law of tenures embarrassed owners of property in their disposal of it, and the statutes of mortmain obstructed the appropriation at the pleasure of the owner still more ; and to evade these rules of law, trusts (or the granting of property in trust) were invented. As the common law took no cognizance entrusts, they came before a court of equity. And if we re- member that the chancellor was in early times usually a priest, and that the statutes of mort- main, which trusts were invented to evade, restricted or prohibited the granting of prop- erty to religious communities, we can under- stand why the court of equity took them under its protection. It did this by summoning the trustee before it, and compelling him " to do what justice and equity required." Hence Sir Robert Atkins, in the reign of Charles II., said : "A trust had for its parents fraud and fear, and for its nurse a court of conscience." The way in which these laws were successfully evaded by trusts was this. If property is given to A. B., with all the forms of law, and in the same manner as if it were to be absolutely his own, but in fact for the use and benefit of C. D., the common law knows no one but A. B. ; all the title is in him, and the estate in him is protected against all forfeitures but those which attach to him. But C. D. has all the benefit and advantage of the property. Hence if C. D. were a traitor, who would have forfeited the estate had it been his in law, or a religious body which could not take the estate by law, A. B. still might hold it for the benefit of C. D. In this way fraud and fear were the parents of trusts. But as the law knew no estate or title but that of A. B., if he chose t^ be dis- honest, and to refuse all benefit of the trust to C. D., there was no remedy at law, and the trust would have been defeated. Then the court of equity came in, and, by compelling A. B. to perform the trust he had undertaken, became the nurse of this child of fraud. Now, however, trusts are employed in a vast num- ber of cases, most honestly and beneficially, wherever it is desired to give any person the benefit and use of property, but to keep from him all power of forfeiting or alienating it. The greatest number of modern trusts are cre- ated either by will or by transfer inter mws to protect the estates of women from the con- trol or the creditors of their husbands, or to carry down property to a series of holders, in some other way than that which would be provided by the laws of inheritance or distri- bution. To all trusts there are therefore two parties. One of these holds the legal title to the estate, and he is called trustee ; the other has the actual benefit of the trust, and is called, by a Norman French phrase, the cestuy que trust. As the trustee has all the title which a court of law can recognize, he is said to have the legal estate ; and as the cestuy que trust has an interest which only a court of equity