1. Trust established by an agreement that is not a will. 2. Trustor keeps control property entrusted, realizing taxes on income from the property.


In English law. The name of an instrument used for the transfer of a ship while she is at sea. An expression which is understood to refer to the instrument whereby a ship was originally transferred from the builder to the owner, or first purchaser. 3 Kent, Comm. 133. 9. In the law of negotiable Instruments. A promissory obligation for the payment of money. Standing alone or without qualifying words, the term is understood to mean a bank note, United States treasury note, or other piece of paper circulating as money. Green v. State, 28 Tex. App. 493, 13 S. VV. 785; Keith v. Jones, 9 Johns. (N. Y.) 121; Jones v. Fales, 4 Mass. 252.
A judicial writ in the old real actions, which issued for the demandant where the tenant, after being duly summoned, neglected to appear on the return of the writ, or to cast an essoin, or, in case of an essoin being cast, neglected to appear on the adjournment day of the essoin; its object being to compel an appearance. Rose. Real Act. 105, et seq. It was called a “cape,” from the word with which it commenced, and a “grand cape” (or cape magnum) to distinguish if from the petit cape, which lay after appearance.
In English practice. Certain days in the terms, which are solemnlykept in the inns of court and chancery, viz., Candlemas day in Hilary term, Ascensionday in Easter, St. John the Baptist’s day in Trinity, and All Saints in Michaelmas ; whichare dies non juridici. Termes de la Ley; Cowell; Blount. They are days set apart forpeculiar festivity; the members of the respective inns being on such occasions regaledat their dinner in the hall, with more than usual sumptuousness. Holthouse.
writ of. A writ formerly issued in the real action of quare impcdit, when noappearance had been entered after the attachment; it commanded the sheriff todistrain the defendant’s lands and chattels in order to compel appearance. It is nolonger used. 23 & 24 Vict. c. 126, 5 20. having abolished the action of quare impcdit.and substituted for it the procedure in an ordinary action. Wharton.