845. Meaning of 'absolutely entitled'.

A person is absolutely entitled as against the trustee in relation to property where he has the exclusive right to direct how that property is dealt with, subject only to satisfying any outstanding charge, lien or other right1 of the trustee to resort to the property for payment of duty, taxes, costs or other outgoings2. Persons are jointly so entitled if their interests are concurrent3 and the same in quality4.

Where land is vested in trustees upon trust, the beneficial co-owners are absolutely entitled as against the holder of the legal estate whether they are joint tenants or tenants in