When equitable estates were introduced; the feudal incidents attaching to legal titles were discarded, and with them the restraints on alienation which existed at common law.134 Under a passive trust the beneficiary is, in equity, treated as an absolute owner.135 Except under the statutes of New York and a few other states,136 he may assign his equitable interest, and compel a conveyance by the trustees.137 Rights of curtesy and dower in equitable estates
127 l Perry, Trusts (4th Ed.) § 341.
128 Zabriskie v. Railroad Co., 33 N. J. Eq. 22.
129 Cruger v. Jones, 18 Barb. (N. Y.) 468; Lahens v. Dupasseur, 56 Barb. (N. Y.) 266. See ante, notes 101, 102.
130 Mackey's Adm'r v. Coates, 70 Pa, St 350; Warland v. Colwell, 10 R. I. 369; Stearns v. Palmer, 10 Mete. (Mass.) 32; Second Congregational Soc. v. Waring, 24 Pick. (Mass.) 309.
131 Cox v. Walker, 26 Me. 504.
132 James v. Morey, 2 Cow. (N. Y.) 246; Mason v. Mason's Ex'rs, 2 Sandf. Ch. (N. Y.) 432; Healey v. Alston, 25 Miss. 190; Den v. Cooper, 25 N. J. Law, 137. But see, where the estates are not equal, Donalds v. Plumb, 8 Conn. 446.
133 Gardner v. Astor, 3 Johns. Ch. (N. Y.) 53. Star v. Ellis, 6 Johns. Ch. (N. Y.) 393; Hunt v. Hunt, 14 Pick. (Mass.) 374; Lewis v. Starke, 10 Smedes & M. (Miss.) 120.
134 Dig. Hist. Real Prop. (4th Ed.) 317.
135 Bowditch v. Andrew, 8 Allen (Mass.) 339. 136 1 Stim. Am. St Law, § 1720.
137 Sherman v. Dodge, 28 Vt 26; Waring's Ex'r v. Waring, 10 B. Mon. (Ky.) 331; Winona & St P. R. Co. v. St. Paul & S. C. R. Co., 26 Minn. 179, 2 N. W. 489. Where it was the duty of the trustee to convey at the request of his cestui, a conveyance may be presumed, in order to give security to titles,
Real prop.-18 have already been considered.138 Under a special or active trust, the rights of the beneficiary consist principally in his power to compel the trustee to perform the trust. Equitable estates are subject to payment of the owner's debts,139 though this was not the rule at common law.140 An equitable estate may be lost by disseisin, if not recovered within the time prescribed by the statute of limitations.141 Possession by the trustee, however, is regarded as the possession of the cestui que trust, and so is not adverse, unless the trustee repudiates the trust.142