Sec. 47-20. Use of word "trustee" or "agent" in an instrument affecting real estate.
Sec. 47-20. Use of word "trustee" or "agent" in an instrument affecting real
estate. The word "trustee" or "agent", or the words "as trustee", or words of similar
meaning, following the name of the grantee in a duly executed and recorded instrument
which conveys, transfers or assigns real estate or any interest therein, with or without
the name of a cestui que trust or principal appearing and without any other language
expressly limiting the powers, interest or estate of the grantee, do not, in the absence of
a separate duly executed and recorded instrument defining the powers of the grantee,
affect the right of the grantee to sell, mortgage or otherwise dispose of the real estate
or interest therein in the same manner as if those words had not been used. No person
to whom such real estate or interest therein has been transferred or mortgaged by such
grantee is liable for the claim of any undisclosed beneficiary or principal or for the
application of any money which may have been paid by such person therefor.
(1949 Rev., S. 7103; 1969, P.A. 6; P.A. 79-602, S. 8.)
History: 1969 act added references to "agent" and "mortgage" action; P.A. 79-602 restated provisions but made no
substantive changes.
Use of term "trustee" held to be a nullity. 147 C. 451.