Trust estates are generally given to two or more trustees jointly. When the instrument creating the trust is obscure, such a construction would be favored.120 Joint trustees, however, cannot have partition.121 A trust will never be allowed to fail for want of a trustee, for the court will appoint one to carry out the trust122 The questions relating to appointment and removal of trustees, their duties, etc., relate more properly to treatises on equity, and will not be considered here.123
The incidents of a legal estate in lands attach to the title held by a trustee.124 For instance, he may sell and convey 125 or devise it by his will.126 In New York, Michigan, and some other states, property held by a trustee cannot be devised by him, but vests in the court127 The trustee's estate on his death descends the same as legal estates held by him.128 All assignees of the trustee's title, however, take it subject to the rights of the beneficiary, if they hare notice of the trust, or do not pay a valuable consideration.129
216; Stevenson v. Lesley, 70 N. Y. 512. Retention of possession by the grantor does not invalidate the trust. Williams v. Evans, 154 111. 98, 39 N. E. 698.
118 Matthews v. Mcpherson, 65 N. C. 189; Young v. Miles' Ex'rs, 10 B. Mon. (Ky.) 290; Shankland's Appeal, 47 Pa. St. 113; Barnett's Appeal, 46 Pa. St. 392; Mccosker v. Brady, 1 Barb. Ch. (N. Y.) 329.
119 See cases last cited, and Blake v. Bumbury, 1 Vea. Jr. 514; Tidd v. Lister, 5 Madd. 429; Stanley v. Colt, 5 Wall. 119.
120 Saunders v. Schmaelzle, 49 Cal. 59.
121 See post, p. 344. Baldwin v. Humphrey, 44 N. Y. 609.
122 Adams v. Adams, 21 Wall. 185; Tainter v. Clark, 5 Allen (Mass.) 66; Shepherd v. Mcevere, 4 Johns. Ch. (N. Y.) 136.
123 See Fetter, Eq. p. 200; 1 Perry, Trusts, § 259; 2 Pom. Eq. Jur. § 1059.
124 Devin v. Hendershott, 32 Iowa, 192; 1 Perry, Trusts (4th Ed.) § 321.
125 Shortz v. Unangst, 3 Watts & S. (Pa.) 45; Den v. Troutman, 7 Ired. (N. C.) 155.
126 As to the words which, In a general devise, will carry estates of which the testator holds the legal title as trustee, see Taylor v. Benham, 5 How. 233; Jackson v. De Lancy, 13 Johns. (N. Y.) 537; Merrltt v. Loan Co., 2 Edw. Ch. (N. Y.) 547; Ballard v. Carter, 5 Pick. (Mass.) 112.
The trustee, being in law the legal owner, must bring and defend all actions affecting the legal title.130 If the cestui que trust is in possession, he may maintain trespass.131
Whenever the legal and equitable titles are united in the same person, there is a merger, if the estates are of the same quantity.132 No merger takes place, however, if it is contrary to the intention of the parties, or would work a wrong.133