146. Trusts, according to the method of their creation, are divided into
(a) Express trusts (p. 258).
(b) Implied trusts (p. 264).
A great deal of confusion exists in the books and cases on the subject of the classification of trusts. This has arisen principally from a loose and incorrect use of the word "implied." Some courts, as well as text writers, use the words "implied," "resulting," and "constructive," indifferently, while in fact both resulting and constructive trusts are implied trusts; that is, they are implied or created by operation of law. On the other hand, all trusts which can properly be called implied are either constructive or resulting. The term "implied," however, has often been used to designate certain express trusts, in the creation of which the language of the settlor is obscure, and his intention has to be inferred by the courts from the words used. These trusts can in no proper sense be termed implied, because the only question that arises is one of construction. It is sufficient to call attention at this point to the confusion which has arisen from the improper use of the words. The definitions and distinctions between the different kinds of trusts will appear as they are treated of separately. In examining the cases it must be borne in mind that the language of the courts in many cases cannot be relied upon in determining the kind of trust in question.
States created for a limited period, while those of indefinite duration were called "uses." 2 Washb. Real Prop. (5th Ed.) 414.
Real Prop. -17