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Case Citations [1] (July 2019 - April 2020)

handle is hein.ali/relat1021 and id is 1 raw text is: TRUSTS Introduction Or.2019. Intro. cit. in disc. Trustee of constructive trust for Ponzi-scheme victims brought an action to quiet title in federal court against, among others, the United States regarding funds fraudulently obtained by investor that were subject to federal tax liens. The district court granted defendant's motion to dismiss. The court of appeals certified a question to this court. This court answered, explaining, inter alia, that constructive trusts were only established under Oregon law when a court imposed them. The court noted that the fact that constructive trusts were not included in the Restatement of Trusts illustrated that the term constructive trust was misleading and was a distinct concept from express trusts. Wadsworth v. Talmage, 450 P.3d 486, 493. CHAPTER 2. THE CREATION OF A TRUST TOPIC 1. METHODS OF CREATING A TRUST § 17. Methods of Creating a Trust Ind.App.2019. Com. (a) quot. in case quot. in disc. Successor trustee filed a petition for judicial review of trust instrument, alleging that unsupervised land in decedent's estate should be converted to supervised property, because the terms of the trust indicated that decedent had intended for the property to be part of the trust. The trial court denied plaintiff s petition. This court affirmed, holding that decedent's declaration that he was trustee of the property failed to place the property in trust under Restatement of Trusts § 17, Comment a, because the trust incorporated a mistakenly blank document that was supposed to list the property intended to be placed in trust. Homan v. Estate of Homan, 121 N.E.3d 1104, 1107. TOPIC 11. THE CREATION OF TESTAMENTARY TRUSTS § 56. Disposition Inter Vivos Where Death of Settlor Is a Condition Precedent Mich.App.2018. Illus. 7 quot. in case quot. in disc. Contingent beneficiary of trust petitioned for judicial review of the trust, alleging, among other things, that successor trustee had acted to the detriment of the trust. The trial court granted plaintiff s motion for partial summary judgment. On remand from the Michigan Supreme Court, this court affirmed, holding, inter alia, that plaintiff had standing to petition for judicial review, because plaintiff was an interested person as defined by state probate statutes. The court explained that plaintiff became an interested person when she received an interest in trust property contingent upon the death of beneficiary's mother, because, under Restatement of Trusts § 56, this created a contingent equitable interest in the trust. In re Rhea Brody Living Trust, dated January 17, 1978, 925 N.W.2d 921, 923. COPYRIGHT 02020 By THE AMERICAN LAW INSTITUTE All rights reserved ALI Printed in the United States of America .1mewImw-n For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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