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

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                                      TRUSTS 2D



Generally

Or.App.2018.  Cit. generally in disc. Beneficiaries of decedent's trust under Nevada law brought a
lawsuit against trustee who was also a beneficiary of the trust, alleging, among other things, that
defendant had breached the trust. This court reversed the trial court's judgment for plaintiffs 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 noted
that Nevada courts relied extensively on Restatement Second of Trusts to interpret ambiguities in
Nevada  probate statutes. Matter of Testamentary Trust Created Under Will of King, 434 P.3d 502, 510.



                          CHAPTER 2. THE CREATION OF A TRUST

                                    TOPIC   13. ILLEGALITY

§ 60. General Rule as to Illegality

Wyo.2019.  Com.  (a) cit. in ftn. In a dispute arising from a family trust that benefited father, daughter,
and four other children, daughter, as successor co-trustee, sued two other co-trustees, seeking, among
other things, to terminate the trust on the ground that it was an abusive trust as defined by federal tax
regulations. After a bench trial, the trial court concluded that daughter's claim that the trust was invalid
was barred by res judicata arising from a prior action brought by father when he was co-trustee against
his four other children. Affirming, this court held that daughter was bound by the rulings in the prior
action in her individual and successor-trustee capacities. The court additionally noted that the trial court
correctly found that daughter failed to successfully argue or show that the trust was invalid on the
grounds that it was illegal under Restatement Third of Trusts § 28 or Restatement Second of Trusts § 60.
In re Robert and Irene Redland Family Trust, Dated August 10, 1989, 435 P.3d 349, 358.

§ 62. Enforcement  against Public Policy

Wyo.2019.  Cit. in ftn. In a dispute arising from a family trust that benefited father, daughter, and four
other children, daughter, as successor co-trustee, sued two other co-trustees, seeking, among other
things, to terminate the trust on the ground that it was an abusive trust as defined by federal tax
regulations. After a bench trial, the trial court concluded that daughter's claim that the trust was invalid
was barred by res judicata arising from a prior action brought by father when he was co-trustee against
his four other children. Affirming, this court held that daughter was bound by the rulings in the prior
action in her individual and successor-trustee capacities. The court additionally noted that the trial court
correctly found that daughter failed to successfully argue or show that the trust was invalid on the
grounds that it violated public policy under Restatement Third of Trusts § 29 or Restatement Second of
Trusts § 62. In re Robert and Irene Redland Family Trust, Dated August 10, 1989, 435 P.3d 349, 358.



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

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