SPECIAL TRUST. A special trust, is one where a trustee is interposed for the execution of some purpose particularly pointed1 out, and is not, as in the case of a simple trust, a mere2 passive depositary of the estate, but is required to exert himself actively3 in the execution of the settler's intention; as, where a conveyance4 is made to trustees upon trust to reconvey, or to sell for the payment of debts. 2 Bouv. Inst. n. 1896. See Trust.
SPECIAL VERDICT, practice. A special verdict is one by which the facts of the case are put on the record, and the law is submitted to the judges. Vide Verdict; Bac. Ab. Verdict, D.
SPECIALTY5, contracts. A writing sealed aud delivered, containing some agreement. 2 Serg. Rawle, 503; 1 Binn. Rep. 261; Willes, 189; 1 P. Wms. 130. In a more confined meaning, it signifies a writing sealed and delivered, which is given as a security for the payment of a debt, in which such debt is particularly specified6. Bac. Ab. Obligation, A.
2. Although in the body of the writing it is not said, that the parties have set their hands and seals, yet if the instrument be really sealed it is a specialty, and if it be not sealed, it is not a specialty, although the parties in the body of the writing make mention of a seal. 2 Serg. Rawle, 504; 2 Rep. 5 a; Perk7. 129. Vide Bond; Debt; Obligation.
SPECIE. metallic8 money issued by public authority.
2. This term is used in contradistinction to paper money, which in some countries is emitted by the government, and is a mere engagement which repre-sents specie. Bank paper in the United States is also called paper money. Specie is the only constitutional money in this country. See 4 Monr. 483.
SPECIFIC LEGACY9. A bequest10 of a particular thing.
2. It follows that a specific legacy may be of animals or inanimate things, provided they are specified and separated from all other things; a specific legacy may therefore be of money in a bag, or of money marked and so described; as, I give two eagles to A B, on which are engraved11 the initials of my name. A specific legacy may also be given out of a general fund. Touch. 433 Amb. 310; 4 Ves. 565; 3 Ves. Bea. 5. If the specific article given be, not found among the assets of the testator, the legatee loses his legacy; but on the other hand, if there be a deficiency of assets, the specific legacy will not be liable to abate12 with the general legacies13. 1 Vern. 31; 1 P. Wms. 422; 3 P. Wms. 365; 3 Bro. C. C. 160; vide 1 Roper on Leg. 150; 1 Supp. to Ves. jr. 209 . Id. 231; 2 Id. 112; and articles Legacy; Legatee.
