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

handle is hein.ali/rettgp2427 and id is 1 raw text is: TRUSTS 3D PART 1. NATURE, CHARACTERISTICS, AND TYPES OF TRUSTS CHAPTER 1. DEFINITIONS AND DISTINCTIONS § 2. Definition of Trust Utah, 2017. Com. (d) quot. in conc. and diss. op. Coalition brought an action against owners of property along a one-mile stretch of river, seeking a declaration that the one-mile stretch was navigable water to which the public had a statutory right of recreational use under Utah's Public Waters Access Act. The trial court entered judgment for plaintiff. This court affirmed in part, holding that the Act invoked a legal term of art embedded in federal law and the stretch of river at issue qualified as navigable under that standard, and vacated the trial court's decision to quiet title in the state, because plaintiff did not assert such a claim. The concurring and dissenting opinion argued that plaintiff had standing to bring a quiet- title claim, because the Utah Constitution created something akin to a traditional trust relationship, with the state acting as trustee and the people as beneficiaries; and, under Restatement Third of Trusts § 2, Comment d, a trustee's title to trust property could be either legal or equitable, and, here, plaintiff was comprised of citizens of Utah who could obtain an interest in the land at issue if the court held the waters were navigable. Utah Stream Access Coalition v. Orange Street Development, 416 P.3d 553, 565. § 4. Terms of the Trust Md.2018. Com. (d) cit. in disc. Trustees of settlor's revocable trust filed a petition to modify the trust in order to simplify it and its amendments by removing as unnecessary a trust provision that provided that a charitable foundation would be created unless settlor was survived by his wife, because settlor's first wife had predeceased him. The trial court approved the trustee's restatement. The court of appeals affirmed. Affirming, this court held that the trust's use of the phrase my wife referred to settlor's first wife, not his second wife. Citing Restatement Third of Trusts § 4, the court noted that construction of a trust instrument followed the same rules as construction of a will, and that interpreting both a trust and a will required the court to effectuate the settlor's expressed intent. Here, the court concluded that settlor referred to his second wife by name throughout the trust and amendments; that the trust defined settlor's first wife as my wife; that, while settlor amended the trust numerous times, including once after his remarriage and first wife's death, settlor never amended the definition provision; and that there was evidence in the trust that settlor intended for the charitable foundation eventually to come into being. Matter of Albert G. Aaron Living Trust, 181 A.3d 703, 710. § 5. Trusts and Other Relationships C.A.4, 2018. Com. (k) cit. in sup. (general cite), quot. in sup., cit. and quot. in case cit. in sup. Beneficiary of husband's life-insurance policy brought an action against insurer and its parent company, seeking to recover the difference between the amount paid to her when husband died, which insurer claimed was the amount husband had been approved for since there was missing documentation, and the coverage he had been paying for. The district court granted defendants' motion for summary judgment. This court affirmed, holding, inter alia, that defendants were not acting as fiduciaries under ERISA, COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved AgI 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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