- 46 - The trust res must be sufficiently described or capable of identification that its title can pass to the trustee upon actual delivery of the trust corpus. In re Schnitz, 52 Bankr. 951, 955 (W.D. Mo. 1985); Newton v. Wimsatt, 791 S.W. 2d 823, 827 (Mo. Ct. App. 1990); cf. 1 Restatement, supra sec. 76; Bogert, supra sec. 113, at 323-329. Thus, only the person who has title or interest in property can make it the subject matter of a trust. Buhl v. Kavanagh, 118 F.2d 315, 320 (6th Cir. 1941); Brainard v. Commissioner, 91 F.2d 880, 881 (7th Cir. 1937), affg. 32 B.T.A. 1036 (1935). We begin by determining whether the PLRF constituted a trust fund. The PLRF was established for the purpose of protecting and conserving funds for the satisfaction of the Dealerships' obligations to purchasers under the VSC's. The Escrow Trustees held title to the PLRF accounts in their own names as trustees. The property to which they took title was distinctly identified in the Administrator Agreement as comprising all amounts deposited by a Dealership plus the accumulated investment income. PLRF assets could inure to the benefit of a Trustee only to the extent that: (1) They were not used to pay claims or refunds prior to the expiration of the contracts to which they were attributable; (2) they were not needed to maintain the Dealership's account balance at an actuarially safe level; and (3) they were not otherwise payable to the Dealership or itsPage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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