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Case Citations [1] (Fall 2024)

handle is hein.ali/resect1488 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2024 Citations TRUSTS 2D CHAPTER 1. DEFINITIONS AND DISTINCTIONS TOPIC 2. DISTINCTIONS § 11. Trust and Condition Ohio, 2022. Com. (a) quot. in sup. In a dispute over land that a donor had deeded to a city more than a century prior for the creation of a public park, sublessee that operated a botanical garden in the park sued donor's heirs, who retained a reversionary interest in the land, seeking a declaration that it had not violated the deed's park-use restrictions by limiting the park's hours of use or by charging admission and parking fees. The trial court granted sublessee's motion for summary judgment, and the court of appeals affirmed. This court affirmed, holding, among other things, that the deed of gift that conveyed the land to the city for purposes of maintaining a park for the benefit of all the people did not create a trust that subjected the city to a heightened duty of care to the public. The court cited Restatement Second of Trusts § 11 in explaining that the unambiguous language of the deed showed that the donor intended to transfer the land subject to certain conditions and did not intend to create a trust. Cleveland Botanical Garden v. Worthington Drewien, 216 N.E.3d 544, 551-552. CHAPTER 7. THE ADMINISTRATION OF THE TRUST TOPIC 1. GENERAL PRINCIPLES § 167. Change of Circumstances Tex.App.2023. Cit. in case cit. in sup. In a dispute arising from a trust that decedent had established for a son who suffered from cerebral palsy and required constant care, decedent's accountant, who was co- trustee of the trust, filed a petition against decedent's other son, who was the other co-trustee, seeking to modify the trust to, among other things, remove the requirement that the trustees unanimously consent to decisions regarding the trust. The probate court denied defendant's demand for a jury trial and, after a bench trial, entered an order modifying the trust. This court initially remanded for a jury trial, but after COPYRIGHT (02024 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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