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Case Citations [1] (April 2017 through August 2017)

handle is hein.ali/respdt0055 and id is 1 raw text is: PROPERTY 2D: DONATIVE TRANSFERS DIVISION I. SOCIAL RESTRICTIONS IMPOSED UPON THE CREATION OF PROPERTY INTERESTS BY DONATIVE TRANSFERS PART II. DIRECT RESTRAINTS ON ALIENATION IN DONATIVE TRANSFERS CHAPTER 3. DEFINITIONS § 3.3 Promissory Restraint C.A.5, 2016. Cit. in sup. Original owner of a painting brought, inter alia, an action against art gallery that orchestrated a sale of the painting on plaintiff's behalf to a buyer who resold it at a public auction, alleging that defendant breached the purchase agreement's confidentiality clause by assisting the buyer in selling the painting. The district court entered judgment on a jury verdict for plaintiff and denied defendant's motion for judgment as a matter of law. This court reversed in part, holding that plaintiff failed to show that there was a genuine issue of material fact that defendant breached the agreement. Citing Restatement Second of Property: Donative Transfers § 3.3, the court explained that plaintiff's reading of the clause as requiring secrecy regarding plaintiff's sale to buyer permanently prevented the public sale of the painting and significantly constrained how the buyer could conduct a future sale, thereby constituting an unreasonable and indirect promissory restraint on alienation. Hoffman v. L & M Arts, 838 F.3d 568, 583. DIVISION II. POWERS OF APPOINTMENT, CLASS GIFTS, AND RELATED MATTERS PART V. POWERS OF APPOINTMENT CHAPTER 11. DEFINITIONS § 11.4 General Power and Non-general Power Neb.2017. Subsec. (1) quot. in sup. and cit. in ftn. Siblings, as beneficiaries of an irrevocable family trust settled by their mother before she suffered a massive stroke, initiated a proceeding to remove their brother as successor trustee of the trust. After a bench trial, the trial court found in favor of siblings. Affirming, this court held that brother breached his fiduciary duties to siblings. The court rejected brother's argument that siblings lacked standing because mother, as trustee, possessed a power of withdrawal that could have divested siblings of any interest in the trust, reasoning that, under Restatement Second of Property: Donative Transfers § 11.4, a power of withdrawal was defined as a presently exercisable general power of appointment, and mother's power of appointment under the trust was limited, rather than general, in that it was exercisable solely in favor of certain of her descendants. In re Conservatorship of Abbott, 890 N.W.2d 469, 481. I-A L Is For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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