HONORARY TRUST
An arrangement whereby property is placed in the hands of another to be used for specific noncharitable purposes where there is no definite ascertainable beneficiary—one who profits by the act of another—and that is unenforceable in the absence of statute.
Trusts for the erection of monuments, the
care of graves, the saying of Masses, or the care
of specific animals, such as a cat, dog, or horse,
are examples of honorary trusts. Honorary
trusts for the benefit of specific animals differ
from charitable trusts that have as a trust pur-
pose the benefit of animals in general. In many
jurisdictions, legislation validates special provi-
sions for the upkeep of graves and monuments.
Similarly, trusts for the saying of Masses are
upheld as charitable trusts.
As a general rule, the designated trustee, one
appointed or required by law to execute a trust,
can effectuate the intent of the settlor—one who
creates a trust—if he or she chooses to do so.
Since there is no beneficiary who can enforce the
trust, the implementation of the purposes of the
trust depends upon the honor of the trustee. If
the person does not execute the trust duties, he
or she holds the property for the settlor or the
