Trusts are simple when property is vested in one person upon trust for another, without any particular directions or provisions;

(a) Attorney-General v. Sands, Har-dres, 491, arguendo, "A trust is altogether the same that a use was before 27 Hen. VIII, and they have the same parents, fraud and fear; and the same nurse, a court of conscience. By statute law a use, trust, or confidence, are all one and the same thing. What a use is, vide Pl. Com. .352, and 1 Rep. in Chudleigh's case; and they are collateral to the land; a cestui que trust has neither jus ad rem nor in re."

(b) Co. Lit. 272 b; Chudleigh's case, 1 Rep. 121. "So that, he who hath a use hath not jus, neque in re, neque ad rem, hut only a confidence and trust, for which he hath no remedy by the common law, but his remedy was only by subpoena in chancery. If the feoffees would not perform the order of the chancery, then their persons for the breach of the confidence were to be imprisoned till they did perform it." - Foorde v. Hoskins, 2 Bulst. 337. Per Coke, C. J.: "If cestui que use desires the feoffees to make the estate over, and they so to do refuse, for this refusal an action upon the case lieth not, because for this he bath his proper remedy by a subpoena in the chancer)." and then the nature and operation of the trust are determined by legal construction. They are special, where the purposes of the trust, and the manner in which they are to be accomplished, are especially pointed out and prescribed; and then these express provisions must be the rule and measure of the trustee's rights and duties.

They may be merely ministerial, as where one receives money only to pay the debt of the giver, or an estate is vested in him merely that he may convey it to another. Or they may be discretionary, where much is left to the prudence and judgment of the trustee. But in all cases, the trustee, by accepting the trust, engages that he possesses, and that he will exert, that degree of knowledge, intelligence, and care, reasonably requisite for the proper discharge of the duties which he undertakes to perform.

A trust, with a power annexed, is distinguished from a mixture of trust and power.(c) In the former case, as where lands are vested in trust, with a power in the trustees to make leases of a certain kind, or length, the trustee may or may not exercise this power, and will not be compelled to do so, unless his neglect to exercise it be fraudulent and wrongful. But in the latter case, as where lands or funds are vested in trust for certain persons, to be "distributed among them according to the best judgment of the trustee," here the distribution is of the essence of the trust, and must be made; although in the manner of distribution, the courts will not interfere unless to prevent fraud or other wrong. Trustees are also private or public. The former hold property for the benefit of an individual (the cestui que trust) or more than one, but who are distinctly pointed out, personally, or by other sufficient description. Public trustees are those who hold for the benefit of the whole public, or for a certain large part of the public, as a town or a parish; and they are usually treated as official persons, with official rights and responsibilities.