2. In the usual trust:
a. Trustee manages property for benefit of beneficiaries.
b. Trustee takes the entire legal interest.
i. Ordinarily fee simple interest held by the trustee
ii. Trustee has a fiduciary relationship to the beneficiaries
iii. Trustee has a duty to administer the trust solely in the interest of the beneficiaries
iv. Trustee prohibited from making transactions that benefit trustee and not beneficiaries
c. Trustee has the power to:
i. Sell assets
ii. Reinvest proceeds from sale
3. Spendthrift Trusts
i. The founder wants to keep the beneficiaries hands off the principal of the trust to protect the principal from beneficiary squandering the principal
b. OK to restrain alienation under a spendthrift trust
c. The intent of the founder to limit ability of beneficiary to alienate the property held in a spendthrift trust is the most important factor
d. 2 Rules
i. English Rule– restraint on alienation not enforceable
ii. American Rule – intent to restrain alienation by the founder respected
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