Section 2.22 Personal Trustees

• Library: Trusts and Powers 2013 Supp

b. (§2.22) Personal Trustees

While the general rule is that a trust will not fail for want of a trustee, there is an exception in the rare instances when the trust was intended to be “personal” to the trustee, that is, when the settlor desired to create a trust only if and for so long as the intended trustee and no other should act. George T. Bogert, Trusts § 29 (6^th ed. 1987). This may be because the identity of the trustee was critical to the settlor’s intent or to the purposes of the trust. In this...