409 



TRUST AND TRUSTEE. 



TUBERCLE. 



410 



3. It is a maxim of equity that a trust shall not fail for want of a 

 trustee. If the intention of the settlor be clear, but he has omittec 

 to name a trustee, or the trustee dies or becomes incapable of taking 

 the estate, the trust attaches upon the person on whom the legal estate 

 has devolved. (Wilm. 21, 22.) When powers given to trustees are 

 not discretionary, but imperative, they are, as above mentioned, con- 

 sidered as trusts, and the court will protect the cestui que trust from 

 the failure or neglect of the donee of the power. Where the discretion 

 of the trustee was to be governed by a rule which the court can apply, 

 it will do so ; but where there is no rule or measure by which the 

 discretion of the trustee was to be governed, the court executes the 

 power in -the manner which appears moat reasonable, and in general 

 proceeds upon the principle that eqxiality is equity. (2 Ed. 332 ; ' Eq. 

 Ca. Ab.' 194.) Where a discretion is given to the trustee in respect 

 of the objects to whom an appointment is to be made, questions some- 

 times arise, when the power comes to be executed by the court, as to 

 the objects to be included and the mode of distribution. When the 

 power is in favour of " relations," the court, except under particular 

 circumstances, appoints to relations within the statute of distribu- 

 tions, when it seems that the distribution will be made per capita, 

 and not per stirpes (1 Bro. C. C. 33); and the words "next of kin" 

 occurring in such a power are settled to mean " nearest of kin," to the 

 exclusion of those who would take by representation under the statute 

 (2 M. 4 K. 780.) 



4. The ceitui que trial is entitled to have the administration of the 

 trust-estate placed in proper hands. Thus the court will dismiss a 

 trustee upon its being shown, upon application by bill to the Court of 

 Chancery, that he has acted improperly, or has become incapable of 

 executing his office (4 Ves. 592 ; 5 Ves. 707) ; and where the original 

 number of trustees has been diminished, the cestui que trust may have 

 the vacancies supplied. (5 Ves. 772.) The cestui que trial may also 

 file a bill against his trustee, either for the purpose of compelling him 

 to the execution of an act of duty, or to restrain him from doing any 

 act not within the scope of the trust, or which would be prejudicial 

 to the estate. (1 Bro. ' C. C.' 177; 6 Mad. 10.) 



5. If a trustee aliens the trust-estate, the cestui que trust may follow 

 the estate into the hands of any person who has acquired it, whether 

 he had notice of the trust or not ; and even into the hands of a pur- 

 chaser for valuable consideration, if he had notice at the time of his 

 purchase. The limit of time and extent within which the cestui que 

 trust may institute proceedings for the recovery of his estate is fixed by 

 the 3 & 4 Will. IV. c. 27. 



In case of a breach of duty by the trustee, the ceatui que trnst has 

 also a remedy against him personally by way of compensation. The 

 amount of the loss is considered as a simple contract debt against the 

 estate of the trustee, and payment of it may be enforced in the same 

 manner as for any other similar debt. The circumstance of the 

 trustee having derived advantage or not from the breach of trust, 

 makes no difference as to his liability. Where trustees are jointly 

 implicated, it was formerly thought that the ceatui que trust might 

 proceed against any of them singly ; but the contrary has since been 

 settled. (8 Sim. 219.) But the cettui que trust will not be entitled to 

 any remedy against his trustee, if he himself, being under no legal 

 incapacity, has concurred in the breach of trust, or subsequently 

 acquiesced in it, or ft fortiori if he has executed a formal release to 

 the trustee. (3 Swanst. 64.) 



Owing to the inadequacy of the law to meet the case of defalcations 

 and frauds of trustees, bankers, and other persons entrusted with the 

 care and management of the property of others, a statute was passed 

 (20 & 21 Viet. c. 54) whereby offences of this kind were made mis- 

 demeanours punishable with penal servitude for three years, or im- 

 prisonment not exceeding two years, with or without hard labour. 



VIII. There are two rules of equity with respect to trust-estates 

 which are of very general application. The first is, that what the 

 settlor has directed to be done shall be considered as done ; so that it 

 shall not be in the power of trustees, by neglecting the performance of 

 their duty, to affect in any way the interests of the cestuii que Irutt. 

 Thus where money is directed to be laid out in land, or land is directed 

 to be sold, equity will consider the conversion to have taken place, and 

 deal with the property accordingly. This constructive conversion, 

 however, subsists only until a cestui que trust, competent both from 

 interest and personal capacity to elect, declares his intention as to the 

 character in which he will take the property. [ELECTION.] 



The second rule, which is almost a consequence of the first, is, that 

 no act of the trustee shall alter the nature of the cestui que trust's 

 estate. This rule, of course, is to be understood only of acts not 

 authorised by the trust ; and with respect to cestuii que trust, who are 

 *ui jurit, is universal, but is subject to some exceptions with respect 

 to trust-estates belonging to lunatics. The court, though it will not 

 in general alter the condition of the lunatic's property to the prejudice 

 of his representatives, will not refuse to do so if it appear to be clearly 

 for the benefit of the lunatic himself. (2 Ves. Jun. 72.) It was 

 formerly thought that the court might exercise a similar discretion 

 with respect to the estates of infants, but it is now settled otherwise. 

 (IS) Ves. 122.) 



(Sanders, ' On Uses and Trusts ; ' Lewin's ' Law of Trusts and 

 Trout. 



TRUSTS, CHARITABLE. [USES, CHARITABLE.] 



TRYTYLENE. [PROPYLENE.] , 



TUBE. The surface of a tube is generally a cylinder, but this word 

 may be made use of in mathematics. When a tube is bent, there is no 

 distinct geometrical name for its surface, but the following definition 

 might do very well : Let a surface be called a tube when it is formed 

 by a circle which moves with its centre upon a given curve, and its 

 plane always perpendicular to the tangent of that curve. This would 

 include the straight tube, or common circular cylinder, and every 

 species of bent tube. 



TUBE-DRAWING. There are certain peculiarities in the fabrica- 

 tion of metal tubes which place them in a separate rank from other 

 manufactures in metal. 



Some varieties of lead-pipe are produced by casting a thick cylinder, 

 of which the internal bore corresponds with the intended bore of the 

 pipe, and then reducing the external diameter by drawing through a 

 series of dies, smaller and smaller as the process proceeds, as described 

 in LEAD MANUFACTURE. Mr. Hick has devised a mode of making 

 tapering tubes ; that is, tubes which taper or diminish in diameter 

 from one end to the other. They are first made parallel or cylindrical 

 and are tapered afterwards; the machine employed effects this by 

 rotating grooved rollers ; and a greater or less degree of taper is ob- 

 tained by varying the proportion between the rate at which the tube 

 is drawn through the machine and that at which the rollers revolve. 

 The tubes for many locomotives are made in this way, taper within and 

 cylindrical on the outside ; the metal is cast hollow, and is drawn on 

 a taper mandril through a plate ; when used, the thick end is placed 

 nearest to the fire-box. One of the early ways of making wrought iron 

 tubes was to provide a strip of sheet iron, and beat it up by hand 

 hammers and swages nearly to a cylindrical form ; this was then laid in 

 a semi-cylindrical cavity, with a mandril running through it ; and then 

 many blows were given by a heavy tilt-hammer, the lower face of which 

 had a hemispherical or rather semi-cylindrical form. An improvement 

 upon this was to draw the tube through grooved rollers after having 

 been thus far fashioned. Another mode afterwards adopted was that 

 of raising a strip of iron to a welding heat ; beating up one end of it 

 nearly to a cylindrical form ; drawing the whole piece through a kind 

 of tongs having bell-shaped jaws ; and welding without the aid of any 

 mandril. This method has been found available for tubes up to six 

 inches diameter. Common brass tubes are often made by beating a 

 strip of brass round into a cylindrical form, soldering the edges, and 

 drawing it through holes to make the exterior true ; without paying much 

 regard to the interior. Telescope tubes, &c. are drawn inside and out, 

 and are hardened at the same time ; the soldered tube, being placed 

 upon a steel mandril, is drawn through a draw-plate, by which the tube 

 is lengthened, pressed everywhere close to the mandril, and rendered 

 smooth and dense. Fluted tubes for pencil-cases are drawn through a 

 fluted hole, upon a mandril usually cylindrical. Very small tubes, 

 used by silversmiths, are drawn upon steel wire as a mandril. Many 

 kinds of brass tubes are made exactly in the same way as the lead pipes 

 described in LEAD MANUFACTURE ; that is, by casting a thick cylinder, 

 and then drawing it by machinery through a series of holes, smaller and 

 smaller in regular order, so as to elongate the thick cylinder into a thin 

 tube. Mr. Muntz patented a few years ago a process for making tubes of 

 the Muntz meted introduced by him, which metal consists of about 2 

 parts of zinc to 3 of copper. A short thick tube is cast, and is then rolled 

 out to a grea length and reduced thickness ; but having no mandril 

 within it, it is squeezed flat ; the proper shape is afterwards given to 

 it by drawing through a circular hole. There is something in the 

 quality of the metal which enables it to be elongated in this way, 

 inapplicable to most other kinds. Mr. Webster, of Birmingham, has 

 a curious method of making elastic metal tubes, suitable for forming 

 the junctions of pipes exposed to variable temperature ; or of pipes 

 which are otherwise strained or required to bend, such as the tube- 

 couplings connecting locomotives with their tenders, hose with 

 fire-engines, or the like. The tubes are made with transverse corruga- 

 tions, so as to yield to slight beudings, contractions, &c. Each 

 corrugation is very narrow and deep. A plain tube is made first, and 

 is then corrugated by degrees ; this is effected by rolling, the rollers 

 successively used being gradually deeper and deeper in their grooves, 

 until the exterior of the tube is well puckered. Such a tube may be 

 stretched, contracted, or bent within certain limits, without injury to 

 its strength or soundness ; they imitate in a humble way the 

 snake-like structure. Triangular and rectangular tubes are much 

 used in France for sliding scales and measures ; these are made nearly 

 in the same way as ordinary cylindrical tubes, the sectional form being 

 dependent on the draw-hole and the mandril. The small collapsible 

 colour-tubes, so much used by artists, were t first made like 

 common brass and lead pipes, by successively drawing a thick tube 

 till it becomes very long and very thin ; but they are now made more 

 quickly by a peculiar kind of stamping, only possible with such a soft 

 metal as tin. Mr. Kitchie has devised a mode of making tubes thicker 

 at the middle than the ends, by giving them a reciprocating motion 

 Between rollers, half way through and back again. 



Plans have been devised for making copper tubes by electro-deposit. 

 The method will be understood from the principles explained under 

 ELECTRO-MET ALLUROT. 



TUBERCLE is the name given to that form of deposit which is 

 observed in the tissue previous to scrofulous ulocration [SOROFULA], 



