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constituted trusts
Where everything necessary has been done and the trust has, as it is said,
been completely constituted, it can be enforced equally by a person who has
given consideration and by a volunteer
However, where the trust property is not vested in the trustee—that is, where
there is merely an undertaking or covenant to create a trust—although it may
be enforced by a beneficiary who has given consideration, it cannot be
enforced by a volunteer.