Section 47-20 - Use of word “trustee” or “agent” in an instrument affecting real estate.

CT Gen Stat § 47-20 (2019) (N/A)

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The word “trustee” or “agent”, or the words “as trustee”, or words of similar meaning, following the name of the grantee in a duly executed and recorded instrument which conveys, transfers or assigns real estate or any interest therein, with or without the name of a cestui que trust or principal appearing and without any other language expressly limiting the powers, interest or estate of the grantee, do not, in the absence of a separate duly executed and recorded instrument defining the powers of the grantee, affect the right of the grantee to sell, mortgage or otherwise dispose of the real estate or interest therein in the same manner as if those words had not been used. No person to whom such real estate or interest therein has been transferred or mortgaged by such grantee is liable for the claim of any undisclosed beneficiary or principal or for the application of any money which may have been paid by such person therefor.

(1949 Rev., S. 7103; 1969, P.A. 6; P.A. 79-602, S. 8.)

History: 1969 act added references to “agent” and “mortgage” action; P.A. 79-602 restated provisions but made no substantive changes.

Use of term “trustee” held to be a nullity. 147 C. 451. Section protects only the interests of third parties who obtain property by means of conveyance from a grantor who had received that property as trustee in the first instance and does not apply where conveyance to third-party grantee did not occur. 324 C. 277.

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