Readings in Money and Banking: Selected and AdaptedPhillips, Chester Arthur
General
Readings in Money and Banking: Selected and Adapted
Phillips, Chester Arthur
Banks and banking; Banks and banking -- United States; Money
Some states prescribe by statute the securities in which a trustee may
invest. "Where there is no statute or decision of the highest court
fixing the class of securities in which a trustee may invest, he can
safely follow the rule prescribed for the investment of the funds of
savings banks." In general, city, State, and United States bonds, first
mortgages secured on improved real estate with ample margin, are among
the investments sanctioned by law. As to real estate, stocks, and first
mortgage bonds of railroad, manufacturing, and other corporations, the
practice varies in the different states. Loans on personal property,
second mortgages, and other investments subject to prior liens or of a
speculative character are excluded. All investments must possess
"intrinsic" value; the courts hold trustees liable for any losses from
speculative risks--but any gains accrue to the trust estate.
OTHER FUNCTIONS
The trust company acts as guardian, curator, or committee of the
estates, and in some states, of the persons of minors, those who are
insane or mentally incompetent, spendthrifts, drunkards, and any other
persons not legally qualified to take charge of their own affairs. In
the case of a minor, the trust terminates on the ward's becoming of age;
in other cases, when the disability is removed, or in accordance with a
decree of court. These appointments are frequently made by order of
court, and to it accounting must be made. In some states the company is
styled "conservator" when caring for the estates of persons of unsound
mind.
When acting as attorney in fact, the company obtains its authority by
virtue of a letter of attorney which usually is or can be recorded,
conveying certain definitely specified powers. This may be either to
perform a single act--such as to satisfy a mortgage--or may be broader
and continuing, granting authority to sell and transfer securities and
collect income. A general power of attorney, as the term indicates, is a
delegation to another of the general powers of the person appointing--as
to payments, collections, transfers of property, and all transactions of
a business nature.
As agent merely, the company takes charge of property, real or personal,
for its owner, but such agency does not imply nor ordinarily include
authority to sell or convey title. Moreover, trust companies as agent
often take up lines of business which they either cannot or would not
engage in on their own account. Thus, a trust company can act as agent
for fire or life insurance companies, for water, gas, and other public
service corporations. In new communities and where it is difficult to
find responsible representatives, the trust company can often render
efficient service and secure a steady income without risk by assuming
agencies of various sorts.
Public-domain text, read in full here on John Shaqi.
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