A fiduciary service also refers to a letter that has been filed with someone until the performance of an act or the occurrence of an event mentioned in this letter. Instructions given to the person who accepts service of the document are called a trust agreement and are binding between the person promising and the person to whom the promise is made. The letter is sent by a third party held in trust until the purpose of the underlying agreement is reached. If the condition set out in the trust agreement is met, the person holding the letter gives it to the party who is entitled to obtain it. This is called the second delivery. ESCROW, transfer, contracts. A conditional delivery of a document to a foreigner, and not to the fellow himself, until certain conditions are met and then delivered to the fellow. Until the condition is met and the deed is handed over, the estate is not transferred, but remains in the hands of the concessionaire. 2 John.
R. 248; An advantage. 137, 138. 2. As a general rule, a trust service takes effect from the second delivery and must be considered an act of the party from that date; This general rule does not apply, however, when justice requires recourse to fiction. The relationship with the first delivery, in order to give effect to the act from that date, is authorized in case of urgency, in order to avoid any violation of the exploitation of the act by events occurring between the first and second delivery. For example, if a feme sole does a deed and delivers it as a trustee, then marries before the second delivery, the relationship is back to the time when it was alone, necessary to make the deed valid. Empty 2 Bl. Com. 307; Two bouv. Inst. n.
2024; 4 Kent, Kom. 446; Cruise, Dig. vol. 32, c. 2, see 87-91; Com. Dig. Done, a 3; 13 Wine. Duck. 29; 5 mass. R.
60; 2 Racine, R. 81; 5 Conn. R. 113; 1 Conn. R. 375; 6 Paige`s R. 314; 2 mass. R. 452; 10. R. 310; 4 green].
R. 20; 2 N.H. Rep. 71; 2 watts, R. 359; 13 John. R. 285; 4 days R. 66; 9 Mass R. 310 1 John. Case. 81; Six Wend.
R. 666; Two washes. R. 58; 8 mass. R. 238; 4 watts, R. 180; 9 Mass Rep. 310 ; 2 John. Rep. 258-9; 13 John.
Rep. 285; Cox, Dig. Titte, Treuhandservice; This is the loan. Shep. Touch. 56, 57, 58; Shep. Prec. 54, 56; 1 prefect. 275; Three pred.
Duck. 65; 3 rep. 35; 5 rep. . . .