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JOINT TRUSTEE (bouvier) | JOINT TRUSTEES. Two or more persons who are entrusted with property for the
benefit of one or more others.
2. Unlike joint executors, joint trustees cannot act separately, but
must join both in conveyances and receipts, for one cannot sell without the
others, or receive more of the consideration money, or be more a trustee
than his partner. The trust having been given to the whole, it requires
their joint act to do anything under it. They are not responsible for money
received by their co-trustees, if the receipt be given for the mere purposes
of form. But if receipts be given under circumstances purporting that, the
money, though not received by both, was under the control of both, such a
receipt shall charge, and the consent that the other shall misapply the
money, particularly where he has it in his power to secure it, renders him
responsible. 11 Serg. & Rawle, 71. See 1 Sch. & Lef. 341; 5 Johns. Ch. R.
283; Fonb. Eq. B. 2, c. 7, s. 5; Bac. Abr. Uses and Trusts, K; 2 Bro. Ch.
R. 116; 3 Bro. Ch. R. 112. In the case of the Attorney General v. Randall, a
different doctrine was held. Id. pl. 9.
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