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Case Citations [1] (July 2020 - August 2021)

handle is hein.ali/rettgp2432 and id is 1 raw text is: TRUSTS 3D Generally D.Hawaii, 2020. Cit. generally in ftn. In tenants' action challenging state agency's decision to release landlord from a declaration of restrictive covenants requiring its apartment complex to be maintained as low-income housing pursuant to a federal program, this court granted in part tenants' motion for summary judgment, holding that the release between agency and landlord was void because not all beneficiaries of the declaration had consented to it. The court rejected agency's argument based on a prior decision by the Hawaii Intermediate Court of Appeals, noting that that decision was inapposite because it relied on the Restatement Third of Trusts, rather than the applicable Restatement Third of Property: Servitudes, and that, if anything, the decision supported tenants' position because it indicated that Hawaii courts looked to the applicable Restatement as persuasive authority in the absence of or to supplement binding authority. Tuttle v. Front Street Affordable Housing Partners, 478 F.Supp.3d 1030, 1047. PART 1. NATURE, CHARACTERISTICS, AND TYPES OF TRUSTS CHAPTER 1. DEFINITIONS AND DISTINCTIONS § 2. Definition of Trust Ct.Fed.Cl.2020. Quot. in sup. Native American tribe sued the United States, alleging, inter alia, that defendant mismanaged funds paid as compensation for the 5th Amendment taking of plaintiff's lands and held in trust by defendant, and seeking an accounting of such funds. This court granted defendant's motion to dismiss, holding that plaintiff failed to allege sufficient facts that defendant actually possessed and managed the funds in trust. The court relied on Restatement Third of Trusts § 2 in defining a trust, and observed that, under federal law, defendant's fiduciary duty as trustee of Native American funds arose only from statutes or regulations explicitly imposing such a duty for the benefit of Native American tribes. Chemehuevi Indian Tribe v. United States, 150 Fed.Cl. 181, 194. PART 2. CREATION OF TRUSTS CHAPTER 3. BASIC PRINCIPLES AND REQUIREMENTS § 12. Trust Creation Induced by Undue Influence, Duress, Fraud, or Mistake Pa.2020. Cit. in com. to statute cit. in ftn. (citing § 12 of T.D. No. 1, 1996, which is now § 12 of the Official Text). After wife divorced husband, wife filed a petition to terminate an irrevocable inter vivos trust created by the parties and encompassing the parties' marital assets, alleging that she was fraudulently induced into creating the trust and agreeing to designate husband as sole trustee, because he failed to disclose certain marital properties in order to prevent wife from becoming aware of his COPYRIGHT ©2021 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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