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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/resect1484 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE TRUSTS 2D CHAPTER 1. DEFINITIONS AND DISTINCTIONS TOPIC 1. DEFINITIONS § 3. Settlor, Trust Property, Trustee and Beneficiary D.D.C.2021. Quot. in sup., cit. in case cit. in sup. Purported trust beneficiaries sued successor-in-interest of communications company, humanitarian research foundation, and affiliated entity, alleging that defendants, as trustees of a charitable trust created to provide legal assistance to Chinese citizens who were incarcerated for expressing their views on the internet, violated their fiduciary duties by using trust assets as their personal funds or failing to monitor such activity. On remand, this court denied in part defendants' motion to dismiss, holding, inter alia, that plaintiffs adequately alleged that defendants were trustees of the trust. Citing Restatement Second of Trusts § 3, the court explained that, according to the settlement agreement that created the trust, foundation was clearly designated as the trustee, because it directed settlor to make payments to foundation subject to conditions, it stated that the payments were to be maintained separately from foundation's personal assets, and it specified that the payments were made in trust. He Depu v. Oath Holdings, Inc., 531 F.Supp.3d 219, 238. CHAPTER 2. THE CREATION OF A TRUST TOPIC 3. THE INTENTION TO CREATE A TRUST § 26. No Intention to Create a Present Trust Conn.2022. Cit. in case cit. in sup. Co-conservator brought a declaratory action against former conservator and protector of conservatee's irrevocable trust, alleging that the irrevocable trust should be rendered null and void. The trial court granted plaintiff's motion for summary judgment. The court of appeals affirmed. This court affirmed, holding that conservatee lacked the legal authority to create and fund the irrevocable trust, because former conservator had exclusive control over her conservatorship estate at the time it was created, and former conservator failed to obtain permission from the probate court to fund the irrevocable trust out of conservatee's beneficiary interest in a revocable trust. The court noted that defendants failed to preserve for review whether conservatee had the testamentary capacity to create the irrevocable trust, and pointed out that even if conservatee had the capacity to do so, the trust could not have been testamentary under Restatement Second of Trusts § 26, because it was inter vivos. Day v. Seblatnigg, 268 A.3d 595, 608. COPYRIGHT C2022 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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