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Case Citations [1] (July 2018-August 2019)

handle is hein.ali/relat1020 and id is 1 raw text is: TRUSTS Generally D.Mass.2018. Cit. generally in sup. Trust beneficiaries brought a class-action lawsuit against bank, alleging that defendant violated its fiduciary duty to plaintiffs by charging excessive and undisclosed fees for the preparation of the tax returns on plaintiffs' trusts. This court granted plaintiffs' motion for class certification, holding, inter alia, that plaintiffs had a common, predominant issue that would not trigger burdensome choice-of-law problems. The court noted that all the states in which defendant had a trust administration office followed the Restatement of Trusts, which eased any choice-of-law issues. Henderson v. Bank of New York Mellon, N.A., 332 F.Supp.3d 419, 428. CHAPTER 7. THE ADMINISTRATION OF THE TRUST TOPIC 9. LIABILITIES OF THE BENEFICIARIES § 257. Impounding Share of Trustee-Beneficiary Or.App.2018. Quot. in disc.; com. (f) quot. in disc. Beneficiaries of decedent's trust brought a lawsuit against trustee who was also a beneficiary of the trust, alleging that defendant had breached the trust by making unauthorized loans to her son and to another entity, improperly treating as income certain distributions from a limited-liability company, and failing to account for trust assets. The trial court entered judgment for plaintiffs, finding that defendant had treated the trust assets as her personal assets and misused the funds, but that, because the trust was a spendthrift trust, the trust's assets could not be used to satisfy plaintiffs' damage awards. This court reversed and remanded, holding, inter alia, that the fact that the trust was a spendthrift trust did not prevent the court from impounding defendant's interest in the trust in order to satisfy plaintiffs' damages. The court quoted Restatement of Trusts § 257 in explaining that plaintiffs could apply defendant's interest in the trust as an equitable remedy to compensate the trust and plaintiffs. Matter of Testamentary Trust Created Under Will of King, 434 P.3d 502, 510, 511. CHAPTER 9. LIABILITIES OF THIRD PERSONS TOPIC 2. TRANSFEREES OF TRUST PROPERTY TITLE A. GENERAL PRINCIPLES § 291. Extent of Liability of Transferee with Notice C.A.Vet.Cl.2018. Cit. in diss. op. Veteran appealed from a decision of the Board of Veterans' Appeals that denied his entitlement to dependency compensation for a dependent child based on his legal guardianship of his minor grandchild. This court affirmed, holding that veteran was not entitled to a COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved ALI Printed in the United States of America .1 I --o For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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