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Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/resect1472 and id is 1 raw text is: TRUSTS 2D CHAPTER 1. DEFINITIONS AND DISTINCTIONS TOPIC 1. DEFINITIONS § 2. Definition of Trust N.D.Cal.Bkrtcy.Ct.2015. Quot. in sup. Board of trustees of employee-benefit trust funds brought an adversary proceeding against Chapter 7 debtors, who were employer's office manager and sole proprietor, seeking to except from discharge under the Bankruptcy Code debts for unpaid contributions to the funds as debts incurred due to fraud or defalcation while acting in a fiduciary capacity. This court entered judgment for debtors, holding that the debts were not excepted from discharge for defalcation. Citing Restatement Second of Trusts § 2 for the definition of a trust, the court determined that defendants were not fiduciaries of the employee-benefit plans with respect to any plan assets, because plaintiff failed to establish that an express trust existed. In re Quinones, 537 B.R. 942, 947. § 4. Terms of the Trust Tenn.App.2015. Cit. in sup.; com. (a) quot. in sup. Beneficiary of an irrevocable trust created by himself and his father brought a claim for breach of fiduciary duty against trustees of the trusts, alleging that defendants breached their fiduciary duties by failing to pay him all of the distributions to which he was entitled. The trial court granted summary judgment for defendants. Affirming, this court held that plaintiff was not entitled to a share of the trusts' capital gains under a provision of the trust agreements providing that he was entitled to a percentage of the trusts' net annual income. The court rejected plaintiff's argument that his affidavit regarding his subjective intention could be used to alter or vary the written terms of the trust, noting that, under Restatement Second of Trusts § 4, the manifestation of intention of the settlor was the external expression of the settlor's intention, as distinguished from his or her undisclosed intention, and that, here, the written trust agreement used the term net income, which, when interpreted under the controlling Tennessee law, did not include capital gains. Cartwright v. Jackson Capital Partners, Limited Partnership, 478 S.W.3d 596, 626. TOPIC 2. DISTINCTIONS § 11. Trust and Condition Ky.App.2015. Cit. in ftn. City brought an action to quiet title to land that grantors had dedicated to city under the condition that the land remain parkland or revert to grantors' heirs, seeking to abolish the condition and right of reversion. After heirs failed to respond, intervenors counterclaimed, alleging that the deed created a charitable trust for the benefit of the public. The trial court found that city held the land in fee simple absolute, that the land remained subject to the restrictions contained in the deed, and T A L lo For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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