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

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                                      TRUSTS 2D



                       CHAPTER 1. DEFINITIONS AND DISTINCTIONS

                                     TOPIC   1. DEFINITIONS

§ 2. Definition of Trust

C.A.D.C.2020.  Cit. in case quot. in sup. Beneficiaries of a humanitarian- and legal-assistance fund,
which was  established by email provider as part of a settlement with Chinese citizens who were
imprisoned by the Chinese government  based on evidence obtained from their accounts with email
provider, sued email provider and others, alleging that the fund was a charitable trust, and that
defendants, as its trustees, improperly depleted and terminated the trust. The district court granted
defendants' motion to dismiss. This court reversed and remanded, holding that plaintiffs plausibly
alleged both that the fund was a charitable trust and that they had standing to enforce it. The court relied
in part on Restatement Second of Trusts §§ 2, 23, 24, and 32 in concluding that provider manifested the
intent to create a charitable trust, because the terms of the settlement subjected defendants' handling of
the fund to trust-like restrictions, and did so in imperative language. He Depu v. Yahoo! Inc., 950 F.3d
897, 901.

S.D.W.Va.2019.   Quot. in sup., cit. in case cit. in ftn. (general cite). Estate administrator, a West Virginia
resident, brought an adversary action against trustee, a North Carolina corporation, seeking declaratory
judgment  regarding the validity of the trust agreement. After trustee removed the action to this court,
administrator filed a motion for remand, alleging that the parties were not diverse. This court denied
administrator's motion for remand, holding that the parties were diverse, because the trust was a
traditional trust whose citizenship was the same as trustee's. The court observed that the trust was a
traditional trust as defined under Restatement Second of Trusts § 2 and Restatement Third of Trusts § 2,
because decedent had transferred property to trustee pursuant to a trust agreement that described
trustee's duties and powers. The court noted that the trust agreement created a fiduciary relationship
between  trustee and decedent rather than a separate legal entity. Wurts v. Branch Banking and Trust
Company,  402  F.Supp.3d 335, 336, 337.



                                    TOPIC   2. DISTINCTIONS

§ 12. Trust and Debt

Cal.App.2019.  Coins. (a) and (g) cit. in case cit. in sup. Property owner brought claims for conversion
and breach of fiduciary duty against county, alleging, inter alia, that defendant failed to act in good faith
for plaintiff's interests by failing to audit payments made from the proceeds of a tax sale on plaintiff's
property and failing to pay interests and earnings on investments made with the proceeds to plaintiff.
The trial court granted defendant's motion to dismiss. This court affirmed, holding that plaintiff failed to
state a claim for breach of fiduciary duty, because defendant was not the trustee of a trust holding
plaintiff's proceeds. The court rejected plaintiff's assertion that the parties' relationship was like that of

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