- In a trust administration dispute, the trial court's ruling that a trustee's attempt to rely on the equitable defenses of unclean hands, laches, and equitable estoppel failed was proper because the challenging beneficiary filed an action at law against the trustee seeking only money damages; thus, because it was an action at law, the equitable defenses of laches and unclean hands had no application to the case. hOF>Gr /P*.izv$3&ge^%I> Public contracts: duty of public authority to disclose to contractor information, allegedly in its possession, affecting cost or feasibility of project, 86 A.L.R.3d 182. Purchaser's right to set up invalidity of contract because of violation of state securities regulation as affected by doctrines of estoppel or pari delicto, 84 A.L.R.2d 479. Nowadays a Practicing Lawyers First Serious Exposure to Critical Unjust Enrichment Doctrine is Likely to be After Law School, Too Bad. 310 (1935) (decided under former Code 1933, 38-116). Loss of right to contest assessment in drainage proceeding by waiver, estoppel, or the like, 9 A.L.R. 346 (1935) (decided under former Code 1933, 38-116). As a factual determination, estoppel is a matter to be determined by a jury. "The doctrine of unclean hands is unique to equity and has no analog at law. 190, 82 S.E. 501, 178 S.E. - In order for an estoppel to be proved, it must be properly pleaded; a defendant who relies upon equitable estoppel must set up the same by answer in the suit of one's adversary. - Equitable estoppel arises from the conduct of a party, using the word "conduct" in the term's broadest meaning as including that party's spoken words, the party's positive acts, and the party's silence when there is a duty to speak, and proceeds on the consideration that the author of misfortune shall not personally escape the consequences and cast the burden on another. The fascinating story behind many people's favori Test your vocabulary with our 10-question quiz! Sign up for our free summaries and get the latest delivered directly to you. As a result, the doctrine of Equity was born. What is the doctrine of unclean hands and laches? Is the Uniform Trust Codes generous reformation section, specifically 415, prying open the litigation floodgates as predicted? Note that the plaintiff can also use the unclean hands defense. ?yW 308. Co., 148 Ga. App. Membership Corp. v. Board of Lights & Water Works, 211 Ga. 535, 87 S.E.2d 80 (1955) (decided under former Code 1933, 38-116). In most states that means that you must plead thefactsconstituting the entire defense in your Answer as an affirmative defense. - When in a case no facts appear from which it can be said that a party has been injured or placed at any disadvantage by the conduct of the party allegedly estopped, no estoppel resulted therefrom. Settlement negotiations as estopping reliance on statute of limitations, 39 A.L.R.3d 127. The Court began its analysis by citing the general principle that courts do not view motions to strike affirmative defenses favorably and that pleadings should be treated liberally. The equity court is there for the trustee as well as the beneficiaries, When adjudicating trust disputes, the equity courts are duty-bound to act, sua sponte if necessary, in vindication of the lawful intentions of settlors, The Doctrine of Renvoi may still have some relevance in the trust context, Tracing and recovering real estate wrongfully removed from trusts: End-running the full-faith-and-credit obstacle, A message to the Divorce Bar: The constructive trust and the resulting trust are creatures of and regulated by general principles of equity, not the Uniform Trust Code, Good luck to the trustee who would endeavor to forge beneficiary-consensus as to ESG Investing objectives, The poor excuse for a tort that lurks in the Uniform Trust Codes certificate-of-trust regime. Waiver of, or estoppel to rely upon, contractual limitation of time for bringing action against municipality or other political subdivision, 81 A.L.R.2d 1039. Co., 49 F. Supp. It doesnt have to have done so explicitly, however if the ruling was necessarily decided as part of another issue or ruling that is, if the only way a court could have ruled about some other issue was to have believed a certain, disputed, set of facts, then the issue will probably be precluded, and the two parties must accept that ruling and that determination of the facts (although they could appeal it, of course). Furthermore, the unclean hands defense usually has nothing to do with the moral character of the other party. n. a legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done 03 C 7069, 2004 WL 1200184 (N.D. Ill. May 28, 2004). 477 (1935) (decided under former Code 1933, 38-116). endstream endobj 387 0 obj <>/MarkInfo<>/Metadata 87 0 R/OCProperties<>/OCGs[]>>/PageLayout/OneColumn/Pages 381 0 R/StructTreeRoot 248 0 R/Type/Catalog>> endobj 388 0 obj <>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 389 0 obj <>stream THE LEGAL PROCESS. 726, 179 S.E. Vulnerability of a trust that had been revocable and funded by settlor inter vivos to postmortem spousal election generally subject to exhaustion of settlors probate estate, which may never happen, Statutes of limitations applicable to breach-of-trust actions tweak traditional laches doctrine, not the other way around, The contingent remainder beneficiaries of an irrevocable trust may seek judicial enforcement of its terms during the life of the trust. need to answer an integatorry from a debt collector 304. It is typically used when the individual who is being accused of a breach argues Unlike most legal doctrines, its aim is not to aid the search for truth, or even promote Estoppel to rely on statute of limitations, 130 A.L.R. & Sur. Gainesville Glass Co. v. Don Hammond, Inc., 157 Ga. App. The myriad trust applications of equity's maxims have in no way been rendered obsolete by the Uniform Trust Code. 24-4-27 are included in the annotations for this Code section. The Massachusetts Uniform Trust Code: Context, Content, and Critique, The liability of a trustee who honors a fraudulent exercise of a power of appointment, Guarding against a Trust's Destruction by Merger. Trustees and the privilege against self-incrimination, The fiduciary exception to the attorney-client privilege in the trust context, Some non-US trust jurisdictions may not recognize the revocable inter vivos trust, Employing the term spouse in trust instruments: An unambiguous term can still be textually ambiguous, A contingent remainderman's interest under an irrevocable trust: More than a mere expectancy. Georgia Code 24-14-29 (2020) - Equitable Estoppel - Justia Law But if you bring one claim under the FDCPA, you probably have to bring all of them you cannot safely try to divide your claims against the other side. 190, 82 S.E. clean hands. Infant's misrepresentation as to his age as estopping him from disaffirming his voidable transaction, 29 A.L.R.3d 1270. WebEstoppel may be found where the party to be estopped has by false language or conduct led another to do that which he or she would not otherwise have done and as a result Is a Hungarian trust a clone of the Anglo-American trust, or just a type of contract? - Admissions against one's title to land, and in favor of the title of a third person, will be no estoppel in behalf of one to whom they were not made and who has merely heard of them, it not appearing that they were made for the purpose of being acted upon or with any design or intention that they should be acted upon. 9; D.I. Co. v. Tennille Banking Co. (In re Smith), 51 Bankr. Roop Grocery Co. v. Gentry, 195 Ga. 736, 25 S.E.2d 705 (1943) (decided under former Code 1933, 38-116). Furthermore, an attorney can help identify if you have any other defenses available to you. May a vindicated trustee be reimbursed personally from the trust estate even for those defense costs that were covered by his liability-insurance carrier? In Twombly (adopted by Massachusetts in Iannacchino v. Ford Motor Co., 451 Mass. Central of Ga. Ry. Issue preclusion and claim preclusion are slightly different from each other. Information to which a trust protector or trust director is entitled. A Misleading Article in the Wall Street Journal (Weekend Investor) Suggesting that Social Security is a Funded Pension Plan. Gainesville Glass Co. v. Don Hammond, Inc., 157 Ga. App. Could the Myriad Codifications of Aspects of the Law of Trusts Culminating with the Uniform Trust Code (2000) Be Doing More Harm than Good? Unclean hands civil procedure. 675 (1952) (decided under former Code 1933, 38-116). 640, 278 S.E.2d 182 (1981) (decided under former Code 1933, 38-116). 9M,JK>p!4&W[0M_zZy)Z9\%I~KFhi*coG8=S? hXr)}D#4fDWjClAE*7_ (KLw9w;|xP]+O'>zI$#_0IJ?+V7#fo.&5Fr9}5?B_F"""!/0e!m;38>|wt8O~Pf!z~b(9x"{'O^8qEt>$yU}Jtk-}QjUZaL4gG/r0%~w?)g;:s)ntZJWHN[Wgy)OW_?? 0FY$ta3E+KsR7 vfwT`6q 0?ggxPk?7Kq8#YPbj5P5;#*`]z)t`pTO(vQN1+)PsZSV']]SY2juS: 256. The following post comes from Wade Cribbs, a 2L at Scalia Law and a Research 121. When the trustee also is the beneficiarys priest, professor, adult child, or physician: The loyalty considerations. Another rejection of the intent-defeating, sole-benefit-of-the-beneficiaries principle, the policy centerpiece of the Uniform Trust Code, Sole interest or best interest: Equity's traditional default loyalty principle is under attack, The financial advisor who sells a trustee an insurance contract that is inappropriate in light of the trust's purposes risks primary fiduciary liabilty in equity to non-contracting parties. Owen v. Miller, 209 Ga. 875, 76 S.E.2d 772 (1953) (decided under former Code 1933, 38-116). Loss of right to contest assessment in proceeding for street or sewer improvement by waiver, estoppel, or the like, 9 A.L.R. He is the firms senior trial counsel. Modern status of law as to equitable adoption or adoption by estoppel, 97 A.L.R.3d 347. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Does the settlor of a trust have standing to seek its enforcement in the courts? 44-14-162.2 because the company's attorney failed to offer any reasonable explanation as to why, despite knowing that the debtor was the record owner of the properties, it only sent the notices to the predecessor in interest, and its agent, and the lending company was not entitled to equitable estoppel despite actual notice to the debtor. - When there was no evidence of intentional deception on the part of the plaintiff, or any conduct which actually misled the defendant, the plaintiff would not be estopped from asserting any of the plaintiff's legal rights in injunction proceedings against the condemnation of property for a railroad right of way. 1484. Physician giving medical examination to insurance applicant as agent of insured or of insurer, 94 A.L.R.2d 1389. The fiduciary exception to the attorney-client privilege: A recent development, The enforceability of a trust accounting clauses failure-to-object provision (the non-judicial settlement of trustees accounts). An example from debt law would be that, if you prevent someone from paying, you might be estopped from suing them for non-payment. Estoppel to invoke rule or statute against perpetuities, 162 A.L.R. 640, 278 S.E.2d 182 (1981) (decided under former Code 1933, 38-116). DIP Lending I, LLC v. Cleveland Avenue Properties, LLC, 345 Ga. App. - Persons sui juris, who acquiesced in a partition and took possession of their shares, could not recover from a grantee of one partitioner. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT Recourse at law or in equity of trust beneficiary who is dissatisfied with trustees proposed settlement with insurance company of property-damage claim. State utility company and railroad station owner were estopped from contending that debtor's lease had been terminated prior to the debtor's bankruptcy filing since a revised memorandum effecting only the minor change of extending a termination date did not serve to negate the debtor's reasonable reliance on the previously established general terms of the contested deal. Construction and application of statute respecting estoppel of insurer where insured was examined by medical examiner, 172 A.L.R. O\AC.H%vX:%\U$of2z-{K~f*6:n2|Q#6|oS!lCPgM3lRExXxLn,6;J - Doctrines of estoppel are primarily negative in their operation against the party making the statement or admission, rather than creative of any new rights in the opposite party. 842. Estoppel to assert invalidity of foreign decree of divorce for lack of domicil at divorce forum or failure to obtain jurisdiction of person of defendant, 122 A.L.R. #sfd ?Ta8pa!\`2eP-EipK+D8NR=O0"BQ@Y1dzA/i'+BF{p:_ iu%`.7y~Tk~RhK/Im"^H]e/2ro"@&h Post the Definition of unclean hands to Facebook, Share the Definition of unclean hands on Twitter. Cas. 679. Protections afforded to Massachusetts' ancient burial grounds. In overruling the long-standing rule of Conley v. Gibson, 355 U.S. 41 (1957) (no complaint should be dismissed unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief), the Court held that a plaintiff must plead factual grounds for entitlement to relief, not merely labels and conclusions and formulaic recitations of the elements of a cause of action. Delay caused by other litigation as estopping reliance on statute of limitations, 45 A.L.R.3d 703. Neither the non-charitable corporation, itself, nor its directors hold the corporate assets in trust, absent special facts. I often talk about the advantages of pushing a debt defense to the point where the debt collector dismisses the case with prejudice. What is this advantage and why is it so important? This site is protected by reCAPTCHA and the Google, There is a newer version 767 (1935) (decided under former Code 1933, 38-116). In a dispute between adjoining landowners over title to approximately six acres of land, because appellant adjoining neighbors failed to identify any evidence of deception on the part of the adjoining landowner or the landowner's predecessors, the trial court did not err by omitting a jury charge on equitable estoppel. Promissory estoppel, 115 A.L.R. Unclean Hands Doctrine | Practical Law Estoppel of intervener to assert claim against original complainant, 166 A.L.R. The unethical behavior that the plaintiff displayed must be in relation to the complaint itself. 1321; 140 A.L.R. 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Failure to record or delay in recording an instrument affecting real property as basis of estoppel in favor of creditors not directly within protection of recording acts, 52 A.L.R. - State can only be estopped from asserting the state's right to the state's own property by legislative enactment or resolution. ;MHeH in [OHpwv#VY1G8,Wu D7IUu2? Right to attack validity of statute, ordinance, or regulation relating to occupational or professional license as affected by applying for, or securing license, 65 A.L.R.2d 660. However, such a defense cant be used in cases that result in legal damages, i.e., monetary awards. 1943), cert. Estoppel cannot legalize or vitalize that which the law declares unlawful and void. - One who has title to land and sees another who is in bona fide possession thereof place valuable improvements thereon, without giving notice of one's title, is not thereby subsequently estopped from asserting ones' title. Note: However, the bank made no intentional misrepresentations and had no duty to disclose the bank's customer's financial status. Unclean Hands Doctrine | Practical Law - Westlaw %PDF-1.4 Constr. 904, 181 S.E. 9 rVB~Z} lVC%N\j~*Z8B: ,@Eg=. Equitable Estoppel Hire the top business lawyers and save up to 60% on legal fees. 914; 153 A.L.R. Promises to settle or perform as estopping reliance on statute of limitations, 44 A.L.R.3d 482. The constructive general inter vivos power of appointment: A trap for the unwary trustee and his counsel, The Uniform Trust Codes stealth attack on the Trustees time-honored duty to defend his trust. - Doctrine of estoppel in pais proceeds wholly on the theory that the party to be estopped has, by the party's declarations or conduct, misled another to the party's prejudice, so that it would be a fraud upon the party to allow the true state of the facts to be proved. May the donee of a limited testamentary power of appointment irrevocably and immediately exercise it inter vivos by contract? 377 (2011), in which the author argued that, despite the fact that it is unlikely that a defendant could uncover sufficient facts to support affirmative defenses in the 21 days required to file its answer, the only fair standard is to require defendants to plead an adequate factual basis in compliance with Twombly in order to assert affirmative defenses. - When the facts relied on to establish estoppel do not unequivocally show an estoppel in pais, the jury, and not the judge, should determine whether the facts constitute such an estoppel. When letters make sounds that aren't associated w One goose, two geese. Standing to Seek Enforcement of Charitable Trusts. 659. 386 0 obj <> endobj - Rule which prevents one who has given a reason for one's conduct and decision in a matter from placing one's conduct upon another and different ground after litigation has begun is but an application of the principle of estoppel in pais, and applies only where one's conduct has caused another to act respecting the matter to the injury and detriment of the latter, and if the latter would be placed at an inequitable disadvantage, should the former be allowed to rely upon a ground other than that first urged as a reason for one's conduct and decision in the matter. Build a Morning News Digest: Easy, Custom Content, Free! Cowen v. Snellgrove, 169 Ga. App. In equity, the plaintiff will not prevail if he or she has unclean hands. 726, 278 S.E.2d 484 (1981) (decided under former Code 1933, 38-116). WebIn U.S equitable defenses are available for relief at law where the remedy sought is one "at law". Unclean hands. Merriam-Webster.com Legal Dictionary, Merriam-Webster, https://www.merriam-webster.com/legal/unclean%20hands. Whitchard v. Exchange Nat'l Bank, 15 Ga. App. Very basically, estoppel means prevention. You can be estopped from doing lots of things for lots of reasons, but the issue tends to come up in mainly two ways: estoppel for some sort of moral reason; or collateral estoppel (also known as issue preclusion). 770 (1914) (decided under former Civil Code 1910, 5738). 1 (2011). (D.I. Vince has over thirty-three years of experience representing clients in litigation matters. 911. Want High Quality, Transparent, and Affordable Legal Services? In other words, he is judicially estopped from assuming the contrary position. Rather, it is specific conduct. Historic Macon Station Ltd. Partnership v. Piedmont-Forrest Corp., 152 Bankr. 32 (1908) (decided under former Civil Code 1895, 5152). 1248. The trust decanting statutes: Nuisances that should be repealed. Watkins v. Gilmore, 130 Ga. 797, 62 S.E. (Code 1981, 24-14-29, enacted by Ga. L. 2011, p. 99, 2/HB 24.). She was, however, awarded City of Atlanta v. Anglin, 209 Ga. 170, 71 S.E.2d 419, appeal dismissed, 344 U.S. 870, 73 S. Ct. 169, 97 L. Ed. - In order to constitute estoppel by conduct, there must concur: (1) a false representation or concealment of facts; (2) it must be within the knowledge of the party making the one or concealing the other; (3) the person affected thereby must be ignorant of the truth; (4) the person seeking to influence the conduct of the other must act intentionally for that purpose; and (5) persons complaining shall have been induced to act by reason of such conduct of the other. Citizens & S. Bank v. Barron, 181 Ga. 351, 181 S.E. 8; 24 A.L.R.2d 1413. hmk8>qz$XMvAobZs]7#[8/b&5/FaD:MfKgCl "1cpp` NOt:9_:u'&f-(b.$gB|~8FUp+.K:oU{7Esn'b ynu(_Ze~. also : the condition of having engaged in such misconduct and being barred from equitable relief. 204 (1980). One moose, two moose. unclean hands | Wex | US Law | LII / Legal Information Institute What does laches mean in real estate? Statutes of limitations are legally determined time limits (and are themselves subject to equity-based attack). Announcing the Clean Hands Doctrine - UC Davis Tybrisa Co. v. Tybeeland, Inc., 220 Ga. 442, 139 S.E.2d 302 (1964) (decided under former Code 1933, 38-116). Since this is a defense that can be raised by the plaintiff or defendant, you should work with an attorney who can assist you during the contract dispute. Remedying wrongful interferences in the making of gifts, whether outright or in trust: Equitys venerable unjust enrichment jurisprudence, not tort law, is where to start. The clean hands doctrine, also referred to as unclean hands, or dirty hands doctrine, is an affirmative defense to a claim for equitable relief. 24-4-27). Hasty v. Castleberry, 293 Ga. 727, 749 S.E.2d 676 (2013). Co. v. Morrison, 72 Ga. App. 10 at 8) LG Chems sixth affirmative defense is nearly identical to the one asserted in LGEs pleading, but it also includes the affirmative defense of unclean hands. 557 (N.D. Ga. 1980) (decided under former Code 1933, 38-116). Denial of, or expression of doubt as to paternity or other relationship as estoppel to assert right of inheritance by virtue of such relationship, 33 A.L.R. Co. of Am., 308 Ga. 404, 841 S.E.2d 729 (2020) (decided under former O.C.G.A. - Fact that a wife may have consented for her husband to include personal property, belonging to her, in a mortgage executed by him to secure his individual debt would not estop her from thereafter setting up her title to the property, where the mortgagee had knowledge of the true ownership of the property at the time the mortgage was executed. If terms of a terminated trust fail to specify what now happens to subject property, does the trustee get to keep the property for himself? 183. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Equitable Defense Law and Legal Definition of Revenue (Illinois 2020): A trust-declaration tax case from hell, Hunter v. Hunter, Trustee, 838 S.E.2d 721 (Va. 2020): A valuable contribution to in terrorem/no-contest jurisprudence in the context of trusts. Conflating tax law and trust law: The strange case of Ciampa v. Bank of America. 1184. The doctrine of judicial estoppel serves to prevent litigants from asserting claims in a court proceeding that are directly contrary or inconsistent to a prior statement made in a previous proceeding. It is often stated that in order to enliven a claim for equitable relief, a party must come to equity with clean hands. Merger Doctrine, the Common Trust Fund, the Trusteed Mutual Fund, Common-Fund Doctrine, Combining Trusts, Common Fund of Related Sub-trusts: Which is not about trust investing? Co. v. Garner, 184 Ga. 283, 191 S.E. Estoppel of municipality to deny that it gave its consent to street franchise, 89 A.L.R. In the ordinary course, this doctrine requires that there be a connection between the plaintiff's unclean act and the rights he or she wishes to enforce. Estoppel of one selling or conveying property to dissolved or defunct corporation to deny its existence, 20 A.L.R.2d 1084. But on the other hand is finality the desire of courts to save their own resources and to have an end to litigating over past events and certainty going into the future. In general, the answer to that is no you can bring it in a separate action. Promissory Estoppel & Washing Unclean Hands heirs & successes If the defendant is simply indicating that the plaintiff is a bad person, then this is not enough to justify the affirmative defense. Federal Intermediate Credit Bank v. Sherrod, 50 Ga. App. Denial of liability as waiver of proofs of loss required by insurance policy, 49 A.L.R.2d 161. Charles E. Rounds, Jr. - Suffolk University Law School, A trust may well be unenforceable and thus illusory if its trustee is the United States or a U.S. state, When a written informed consent to a lawyers or trustees self-dealing may not be worth the paper it is written on. Chaides Constr. - One's failure to move in the matter of compelling another to file the alleged will after one's refusal, and to apply to have the will probated for so long a time, is such gross negligence as would amount to constructive fraud against a purchaser from the other without notice of the will and acting on faith of one's apparent title as heir at law, and would estop one and one's assigns from setting up title under the subsequently probated will as against such purchaser from the husband claiming as heir at law. 489 (S.D. 294. Trial lawyers beware of the in terrorem trust clause: A nasty trap that can keep on springing. 527, 251 S.E.2d 800 (1978);(decided under former Code 1933, 38-116). Judge Alice M. Batchelder endeavors to limit via a dissenting opinion the damage one federal appellate court has surely done to the institution of the trust. WebAlthough the unclean hands doctrine is typically an affirmative defense asserted by a defendant, it may also be asserted by a plaintiff in opposition to an equitable defense 1310. estoppel; laches; and unclean hands | The Litigators Blog Estoppel to contest will or attack its validity by acceptance of benefits thereunder, 78 A.L.R.4th 90. Automobile or motorcycle as necessary for infant, 56 A.L.R.3d 1335. 24-4-27). L. Rev. Has a New Employer Withdrawn Your Executive Job Offer? How Draining the marital trust first in the face of different remaindermen: What about the trustees duty of impartiality? 623 (2008)), the Supreme Court ushered in a new approach to analyzing the sufficiency of a complaint under a Rule 12(b)(6) challenge. Reliving the 200-year Saga of Benjamin Franklins Massachusetts Trust. . v. Williams, 50 Ga. App. Can promissory estoppel and unclean hands be used as a Certain fraudulent activity can also be a factor in awarding child support and the division of property. The car auction, also, did not act with reasonable diligence by relying on the credit history of the customer's father instead of performing the auction's standard credit check. If a defendant does use this defense, he or she cannot put the plaintiffs conduct at issue that is unrelated to the complaint. Estoppel by acquiescence or delay to question validity of plan for reorganization of bank, 139 A.L.R. Fiduciary or confidential relationship as affecting estoppel to plead statute of limitations, 45 A.L.R.3d 630. Co., 157 Ga. App. Committing a tort or crime with regard to the contract, i.e., bribery, 4.Coercion or forcing someone to enter into the agreement, 5. Some Proponents of Obamacare Have Been Selling Constitutional Snake Oil. Pirkle v. Turner, 281 Ga. 846, 642 S.E.2d 849 (2007) (decided under former O.C.G.A. Note that the affirmative defense example above, where you sought verification and they brought suit without verifying, straddles this line. Estoppel By Laches: Everything You Need to Know - UpCounsel If the defendant can prove that the plaintiff has unclean hands, i.e., acted unethically, then the plaintiffs complaint will be dismissed. Does the trustee who socially invests entrusted funds breach his/her/its fiduciary duty of undivided loyalty, absent express authority to do so in the trusts terms?
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