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Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/relat1019 and id is 1 raw text is: 





                                         TRUSTS


                        CHAPTER 1. DEFINITIONS AND DISTINCTIONS

                                     TOPIC 1. DEFINITIONS

  § 2. Definition of Trust

  N.C.2018. Quot. in case quot. in sup. Taxpayer, which was a trust that had been created in New York,
  filed a complaint against North Carolina Department of Revenue, alleging that defendant wrongfully
  denied plaintiff s request for a refund of income taxes collected for certain tax years during which the
  beneficiaries of the trust resided in North Carolina, even though no distributions were made to the
  beneficiaries during those years. The trial court granted summary judgment for plaintiff, and the court of
  appeals affirmed. Affirming, this court held that the state's tax statute was unconstitutional as applied to
  collect the taxes at issue from plaintiff. The court cited the definition of trusts set forth in Restatement of
  Trusts § 2 in explaining that the plaintiff and its beneficiaries were separate legal entities, such that due
  process was not satisfied solely from beneficiaries' contacts with North Carolina, and it did not follow
  that any possible benefit received by a trust beneficiary was automatically imputed to the trust.
  Kimberley Rice Kaestner 1992 Family Trust v. North Carolina Department of Revenue, 814 S.E.2d 43,
  50.



                           CHAPTER 2. THE CREATION OF A TRUST

                   TOPIC 11. THE CREATION OF TESTAMENTARY TRUSTS

  § 56. Disposition Inter Vivos Where Death of Settlor Is a Condition Precedent

  Mich.App.2017. Illus. 7 cit. in disc. Settlor's daughter who was a contingent beneficiary of settlor's
  revocable trust filed a petition seeking to remove settlor's husband as the trustee. The trial court granted
  in part daughter's motion for summary judgment and removed the trustee. This court affirmed in part,
  holding that daughter had standing to request adjudication of the issues in her petition, including the
  removal of the trustee and the reversal of actions taken by the trustee. The court held that the trial court
  correctly determined that daughter was an interested person under the applicable Michigan statute, and
  explained, citing Restatement of Trusts § 56, Illustration 7, that daughter had a future (upon settlor's
  death), contingent (assuming the trust was not revoked or amended) interest in the trust property and that
  the applicable statute defined trust beneficiary as a person with a present or future beneficial interest
  in a trust, vested or contingent. In re Rhea Brody Living Trust, 910 N.W.2d 348, 356.



                     CHAPTER 7. THE ADMINISTRATION OF THE TRUST

                              TOPIC 2. DUTIES OF THE TRUSTEE

  § 170. Duty of Loyalty
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ALI                                  Printed in the United States of America
            For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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