About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

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

handle is hein.ali/rettgp2428 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 N.M.App.2018. Com. (a) cit. in disc.; com. (d) quot. in disc. In a divorce action, the trial court entered judgment for wife, finding, inter alia, that wife had a community-lien interest in the assets of an irrevocable life-insurance trust set up by husband before they married, and that wife was entitled to a share of the trust property. This court reversed in part, holding that the trust property did not constitute community property or even husband's property. Citing Restatement Third of Trusts § 2, Comments a and d, the court noted that, generally, a trustee held legal title to trust property and a beneficiary held equitable title to trust property, and explained that, here, the trust was irrevocable, husband was not a trustee or a beneficiary and did not have property interest in the trust, wife lost her beneficiary status upon her divorce from husband and thus was not a trustee or beneficiary and had no property interest in the trust, and there was no evidence that husband set up the trust for an improper or fraudulent purpose. Vanderlugt v. Vanderlugt, 429 P.3d 1269, 1274. § 4. Terms of the Trust Or.2019. Com. (g) quot. in case quot. in sup. Users of state driver records sued the state department of transportation (DOT) and the state department of administrative services (DAS) after the DOT sold the DAS an exclusive license to provide real-time electronic access to such records, challenging, among other things, the DAS's decision to sublicense its rights to a third party that began charging users a fee of $3 per record. The trial court granted summary judgment for plaintiffs, finding that the DAS violated its trust obligations to the state highway fund under the state statute that created the highway-fund trust. After the court of appeals reversed, this court affirmed the court of appeals. The court rejected plaintiffs' argument that the DAS's actions amounted to prohibited self-dealing, holding that the DAS was not named as a highway-fund trustee under the statute, and its status as a trustee could not be implied. The court cited Restatement Third of Trusts § 4 in explaining that the highway fund was a statutory trust, with terms that were either set forth in the statute or were supplied by the default rules of general trust law. Oregon Trucking Associations, Inc. v. Department of Transportation, 432 P.3d 1080, 1091. PART 2. CREATION OF TRUSTS CHAPTER 5. FORMALITIES: CREATION OF INTER VIVOS TRUSTS § 25. Validity and Effect of Revocable Inter Vivos Trust N.D.2018. Com. (e) cit. in disc. (citing § 25, com. (e) of T.D. No. 1, 1996, which is now § 25, com. (e) of the Official Text). Oil company brought an action to quiet title and for specific performance against COPYRIGHT 02019 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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most