§  1058.  In  the  next  placfe,  let'  us  pass  to  the  consideration
of  express  trusts  of  real  and  personal  property,  created  by
LAST  WILLS  and  TESTAMENTS.  These  are  so  various  in  their
nature  and  objects,  and  so  extensive  in  their  reach,  that  it
would  be  impracticable  to  comprehend  them  within  the  plan
of  these  Commentaries.  They  are  most  usually  created  for
the  security  of  the  rights  and  interest  of  infants,  of  femes
covert,  of  children,  and  of  other  relatiens ;  or  for  the  payment
of  debts,  legacies,  and  portions ;  or  for  the  sale  or  purchase
of  real  estate  for  the  benefit  of  heirs,  or  others  having  claims
upon  the  testator ;  or  for  objects  of  general  or  special  charity.
Many  trusts,  also,  arise  under  wills,  by  construction  and  im-
plication of  law.  But  in  whatever  way,  or  for  whatever  pur-
pose, or  in  whatever  form,  trusts  arise  under  wills,  they  are
exclusively  within  the  jurisdiction  of  Courts  of  Equity.  In-
deed, so  many  arrangements,  modifications,  restraints,  and
intermediate  directions  are  indispensable  to  the  due  adminis-
tration of  these  trusts,  that,  without  the  interposition  of  Courts
of  Equity,  there  would,  in  many  cases,  be  a  total  failure  of
justice.^

§  1059.  The  truth  of  this  remark  will  at  once  be  seen  by
the  statement  of  a  very  few  plain  cases,  to  illustrate  it.  In
the  first  place,  trusts  are  often  created  by  will,  without  the
designation  of  any  trustee,  who  is  to  execute  them ;  or  it  may

'  As  to  what  words  in  a  Will  will  constitute  a  charge  on  real  estate,  for  the
payment  of  debts,  see  Post,  §  1246.
