Why would one "set up an express trust under the common law"?
Agree with the first part, since
the maxim is: "
What's expressed extinguishes what's implied", but why "common law"? Who is selling this idea? The guys on sui juris...who're having a tougher time trying to maintain their double-mindedness?
Why not remove the contrary point of "common law", and instead learn the rules thru which trusts are interpreted, adjudicated and enforced? Here are two studies on the topic of trusts that answer the above question:
1.
Why Equity Prevails..."whenever there's a conflict between "common law" and equity, over the same subject matter...equity ALWAYS prevails" (collection of references, quotes and authorities)
2.
Why Equity is King, and the Maxims are its Essence (cliffnotes of Gibson's Suits in Chancery 1907)
3.
History of Equity (and trusts)
Blinded Justice, with sword in one hand and scales in the other, condemning all in one scale and rewarding all in the other scale, is the divinity of the Courts of law.
The divinity of the Courts of Chancery, on the other hand,
is open-eyed Equity, having neither sword nor scales, wearing the breast-plates of good reason and good conscience,
using both hands to remove all forms, cloaks, veils, technicalities and subterfuges, that conceal or distort the real facts and circumstances of the case before her, separating the pure grains of truth from the straw and chaff of fraud and artifice, and apportioning to each party, whether complainant or defendant, what is good reason and good conscience is his just due.
... "there is a path far above church-state-money. but how many are willing to give up the games adults play to see with the eyes of a child able to discern the emperor has no clothes? takes a dying to what one thinks one knows, to study a different, narrow path that could lead to a life beyond what one can presently imagine or think: a new earth, a new heavenly administration, a third position. but who's willing to invest in truth over rebellion, escapism, entertainment or distractions from a commercial world to find the liberty of exceptions from all man-made bankrupt traditions?" more at
hosfell.org, a fraternal benefit society of way-showers