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Case Citations 1 (July 2017 through April 2018)

handle is hein.ali/relat1017 and id is 1 raw text is: TRUSTS CHAPTER 1. DEFINITIONS AND DISTINCTIONS TOPIC 1. DEFINITIONS § 1. Scope of the Restatement M.D.Pa.2017. Com. (e) quot. in case quot. in sup. Provider of emergency helicopter-transport services brought an adversary proceeding against Chapter 13 debtor who had deposited a check from his insurer into his own account rather than using it to pay provider for its services, alleging that the debt was nondischargeable under the Bankruptcy Code as a debt for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny. After a bench trial, this court ruled in favor of debtor, holding that, while debtor breached his agreement to transfer the funds to provider, there was no evidence that debtor intended to deprive provider of its property, as required to show embezzlement. The court noted that, if provider had sought the imposition of a constructive trust under Restatement of Trusts § 1, it likely would have granted such a request. In re Blair, 569 B.R. 224, 229. § 4. Terms of the Trust Tex.App.2016. Subsec. (a) quot. in case quot. in sup. Insured who purchased three life-insurance policies and transferred ownership of the policies to an irrevocable trust in order to shield the proceeds from estate taxes sued insurer and its agent, alleging, among other things, violations of the state Deceptive Trade Practices Act (DTPA) and Insurance Code. The trial court granted summary judgment for defendants, finding that plaintiff had assigned or relinquished his claims to the trustee. This court reversed in part and remanded, holding that plaintiff retained his claims under the DTPA and Insurance Code, because those claims were not incidents of ownership of the policies. The court noted that, under Restatement of Trusts § 4, it was the intention of a settlor at the time of the creation of a trust that was determinative, and reasoned that plaintiff s assignment and relinquishment of the policies was intended to be only as broad as was necessary to prevent the proceeds from being included in his estate at his death. Lee v. Rogers Agency, 517 S.W.3d 137, 145. CHAPTER 12. RESULTING TRUSTS TOPIC 1. GENERAL PRINCIPLES § 404. Where Resulting Trust Arises M.D.Pa.2017. Cit. in ftn. Provider of emergency helicopter-transport services brought an adversary proceeding against Chapter 13 debtor who had deposited a check from his insurer into his own account A L Im For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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