155. A trustee is the holder of the legal title. The cestui que trust is the beneficial owner.

156. The rights and duties of trustee and cestui que trust depend, in each case, upon the nature and terms of the trust.

Few general principles of value can be given with reference to the rights and duties of trustees and their beneficiaries, beyond the fact that each trust contains special terms and provisions which affect the rights of the parties. In passive trusts, which are infrequent from the fact of their being executed by the statute of uses in most cases, except in trusts of chattel interests,115 the beneficiary is entitled to the possession of the premises, and the exercise of all rights of an actual owner.116 The trustee merely holds the legal title subject to the rights of the cestui que trust.117

112 Williams v. Vreeland, 29 N. J. Eq. 417; Dowd v. Tucker, 41 Conn. 197. And see Trustees of Amherst College v. Ritch, 10 Misc. Rep. 503, 31 N. Y. Supp. 8S5.

113 Sheriff v. Neal, 6 Watts (Pa.) 534; Ryan v. Dox, 34 N. Y. 307; Dennis v. Mccagg, 32 III 429; Vanbever v. Vanbever (Ky.) 30 S. W. 983.

114 Pom. Eq. Jur. (2d Ed.) § 1057.

115 See ante, p. 255.

116 Campbell v. Prestons, 22 Grat. (Va.) 396; Harris v. Mcelroy, 45 Pa. St

117 Stewart v. Chadwick, 8 Iowa, 463; Bowditch v. Andrew, 8 Allen (Mass.) 839; Matthews v. Mcpherson, 65 N. C. 189.

In active or special trusts, on the other hand, it is often necessary that the trustee retain the possession in order that he may perform the duties connected with the carrying out of the trust.118 The principal cases of active trusts are those to convey the lands held in trust to a certain person or persons, to sell the lands, to invest the trust funds, and to hold the property and receive the rents and profits for the benefit of the cestuis que trustent.119