"As the creation of a trust is a modification of property in a particular form, it may be laid down as a general rule that whoever is competent to deal with the legal estate, may, if he be so disposed, vest it in a trustee for the purpose of executing the settlor's intention." 1

Probably nothing more needs to be said on this point; if a person has the capacity to transfer both the legal title and the beneficial use in certain property to the same party, it is evident that he should have the right to transfer the legal title to one party and the beneficial use to another.