Suggested that a trust would become const if the trust property came into Ts hands in any legit way. In this case, testator left prop on trust for wife for life, remainder to daugetrs equally. His daughter, Helen, set up separate trst known as marriage settlement. She covenanted to transf all of her current property to her trustees. This would have included property she received from her father's will trust. However, Helen died while her interest under that trust was still in remainder. On her mother's death, Helen's interest under her father's trust fell into possessopn. At this time, X was sole surviving trustee of father's trust. If Helen had still been alive, she could then have asked him to transfer her share of property to trustee of her marriage settlement. Helen could no longer do this after her death and neither did her exec have authority to do so. X was sole surviving T of marriage settlement so had legal title to prop that Helen had covenanted to transfer. However, he was only holding in his capacity as T. He asked court whether Helen's interest under father's will trust formed part of her estate or should be held on trust of marriage settlement. HELD: X held prop on trust of Helen's settlement.