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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/rettgp2433 and id is 1 raw text is: TRUSTS 3D Generally Neb.2021. Cit. generally in case cit. in disc. Settlor's son and grandson sued trustee of irrevocable family trust, alleging, inter alia, that respondent violated her fiduciary duties and should be removed as trustee for her conduct. The trial court dismissed petitioners' petition. This court reversed and remanded, holding that petitioners belonged to an ascertainable class of beneficiaries who had standing to bring suit. The court observed that the applicable state trust and estate statutes that defined the beneficiaries of a trust were derived from the Restatement Third of Trusts. In re William R. Zutavern Revocable Trust, 961 N.W.2d 807, 818. PART 1. NATURE, CHARACTERISTICS, AND TYPES OF TRUSTS CHAPTER 1. DEFINITIONS AND DISTINCTIONS § 3. Settlor, Trust Property, Trustee, and Beneficiary Cal.App.2021. Cit. in ftn. Trustees of a revocable living trust they had created for their own benefit filed an unlawful detainer action against tenants of a rental property they had transferred to the trust, seeking to evict tenants under the family move-in provision of city's rent-control ordinance. The trial court sustained defendants' demurrer without leave to amend and entered judgment in their favor. This court reversed and remanded, holding that natural persons like plaintiffs, who were acting as trustees of a revocable living trust and were also the trust's settlors and beneficiaries, qualified as landlords under the provision. The court cited Restatement Third of Trusts § 3 in explaining that, when a settlor transferred property to a revocable living trust, the property's title was held by the trustee because property in such a trust was considered the property of the settlor for the settlor's lifetime. Boshernitsan v. Bach, 276 Cal.Rptr.3d 109, 112. CHAPTER 2. RESULTING TRUSTS § 7. Nature and Definition of Resulting Trusts E.D.Mich.2021. Quot. in sup. Property owner brought an action to quiet title against the United States; defendant counterclaimed, alleging that the relevant property was purchased through funds on which defendant had a tax lien. This court granted defendant's motion to strike plaintiff's demand for a jury trial, holding, inter alia, that the Seventh Amendment right to a jury trial did not apply to defendant's counterclaim for lien enforcement. In rejecting plaintiffs assertion that she was entitled to a jury trial because defendant's claim touched upon property rights defined by state law, the court noted that a state-law claim under Restatement Third of Trusts § 7 creating a resulting trust would be equitable in COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved AILJ 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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