A fully secret trust can arise where someone dies intestate or where there is no indication on the face of the deceased’s will that a trust exists but the deceased intended the inheritor of his property to hold it on trust for someone else. There is apparently an absolute gift to the recipient. Unless a valid secret trust is established, the person inheriting will take the property beneficially. If there is no communication by the deceased to the fully secret trustee or no acceptance by the fully secret trustee, then the legatee’s conscience is clear and there is no question of using the statute as an instrument of fraud (see below), so they may take the legacy absolutely.