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Case Citations [i] (July 2016 through April 2017)

handle is hein.ali/resect1473 and id is 1 raw text is: 





                                       TRUSTS 2D





  Generally

  Ark.App.2016.  Cit. generally in case cit. in sup. In a case brought by hospital against grantor's heirs,
  seeking to quiet title to property that grantor transferred to city in trust, and that city, in turn, conveyed
  to hospital, this court affirmed the trial court's grant of summary judgment for plaintiff. In making its
  decision, the court acknowledged that Arkansas courts had followed the Restatement Second of Trusts
  when reviewing trust cases. Stone v. Washington Regional Medical Center, 490 S.W.3d 669, 676.

  Cal.App.2016.  Cit. generally in sup., cit. generally in case quot. in sup. In a dispute between decedent's
  daughter and grandson over the assets in decedent's trust, this court held that, under California Law and
  the Restatement Third of Trusts, decedent had effectively transferred certain real property from himself
  to the trust by way of the trust agreement, and that he was not required to have executed a separate deed
  to transfer the property to the trust. The court noted that California trust law was essentially derived
  from the Restatement Second of Trusts, which had been superseded by the Restatement Third of Trusts.
  Carne v. Worthington, 200 Cal.Rptr.3d 920, 926.



                         CHAPTER 1. DEFINITIONS AND DISTINCTIONS

                                      TOPIC   1. DEFINITIONS

  § 2. Definition of Trust

  U.S.2016. Cit. in disc. After a warehouse caught fire, Delaware, Nebraska, and Illinois corporations that
  owned  food that was destroyed in the fire filed an action in state court against Maryland trust that owned
  the warehouse. Following defendant's removal of the action, the district court resolved the dispute in
  favor of defendant. The court of appeals concluded that the district court lacked diversity jurisdiction
  and that the action had to be remanded to state court. Affirming, this court held that defendant failed to
  demonstrate that it was a citizen of a different state than plaintiffs; while corporations such as plaintiffs
  were citizens of the states where they were chartered and had their principal places of business,
  unincorporated business trusts or associations such as defendant took the citizenship of their members,
  which included their shareholders, and there was no evidence in the record regarding the citizenship of
  defendant's shareholders. The court cited Restatement Second of Trusts § 2 in noting that, traditionally,
  a trust was not considered a distinct legal entity, but a fiduciary relationship between multiple people,
  which was not a living thing that could be haled into court; rather, legal proceedings involving a trust
  were brought by or against the trustees in their own name. Americold Realty Trust v. Conagra Foods,
  Inc., 136 S.Ct. 1012, 1015.

  D.N.J.Bkrtcy.Ct.2016.  Cit. and quot. in sup. Chapter 7 trustee objected to Chapter 7 debtor's assertion
  that debtor's interest in an inherited individual retirement account (IRA) should be excluded from the



A  L  m      For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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