Deal v. Wachovia Bank & Trust Co.

WiNBOBN®, J.

The challenge of appellants to the judgment below is untenable.

The trust in question is active, and not passive. In cases of passive trusts the legal and equitable titles are merged into the beneficiary and the beneficial use is converted into legal ownership. But this is not true as to active trusts. Fisher v. Fisher, ante, 42, 6 S. E. (2d), 812, and cases cited.

If a special duty be imposed upon the trustee, such, for example, as the collection and application of the income or the rents and profits of the estate, the trust is active, because the trustee must have the legal title…