N.C.P.I.—Civil 865.60

The (state number) issue reads:

"[Is] [Was] (identify settlor's personal4 property) held in trust by

(name alleged trustee)5 under an express declaration of trust for the

benefit of (name alleged beneficiary)?"

You will note that in this issue I have used the word "trust." A

trust is a legal relationship between persons. A trust exists when one

person declares that certain property he owns must be handled in a

particular way for someone's benefit. An "express declaration of trust" is

simply a legal relationship that has been "expressly declared" by a

person. This declaration can be expressed in spoken words. It can be

expressed partially in writing and partially by spoken words.6 It does not

matter how the legal relationship involving an "express declaration of

trust" is created as long as the parties have expressly declared and

acknowledged the existence of the legal relationship.

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by clear, strong and convincing evidence,7

four things:

First, that (name alleged settlor) used sufficient words to declare

the creation of a trust. No particular type of words are necessary.

Neither the words "trust" nor "declaration," nor any other technical term

need be used. It is sufficient that a person's words reasonably express

that certain property belonging to him be taken by another and handled

in a particular way so as to benefit someone.

Second, that the subject matter of the trust can be determined with

reasonable certainty from (name alleged settlor's) words.

Third, that the object or purpose of the trust can be determined

with reasonable certainty from (name alleged settlor's) words.

And Fourth, that the identity of the beneficiary of the trust can be

determined with reasonable certainty from (name alleged settlor's)

words.

Finally, as to the (state number) issue on which the plaintiff has

the burden of proof, if you find by clear, strong and convincing evidence

that (identify property) was held in trust by (name alleged trustee) under

an express declaration of trust for the benefit of (name alleged

beneficiary), then it would be your duty to answer this issue "Yes" in

favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the defendant.