COURTS

A court, as a separate department of government, may create a trust, transfer property to the trust, and appoint a trustee to take care of trust property for the best interest of the beneficiaries under its inherent power to do what is reasonably necessary for the proper administration of justice and where the exercise of such power is absolutely essential for the performance of the court's constitutionally mandated mission. Bendall v. Samoa Aviation, Inc., 1 ASR3d 16 (1997).

Where a court places property which is the subject of a dispute into the hands of a trustee prior to a final determination of the merits of the case this does not divest a party claiming ownership from asserting the party’s claim for legal and ownership title and rights to the property at the subsequent trial. Bendall v. Samoa Aviation, Inc., 1 ASR3d 16 (1997).