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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/rettgp2434 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE TRUSTS 3D PART 1. NATURE, CHARACTERISTICS, AND TYPES OF TRUSTS CHAPTER 1. DEFINITIONS AND DISTINCTIONS § 1. Scope of This Restatement Conn.App.2021. Com. (a) cit. in sup. Mother of beneficiaries of accounts created under the Connecticut Uniform Transfers to Minors Act (UTMA) filed a petition against father, who was her ex-husband, requesting that he be removed as custodian of the accounts. The trial court rendered decrees removing father, and the court of appeals affirmed. This court reversed and remanded, holding that the court of appeals improperly placed the burden of proof on father to prove that his removal was not warranted, rather than on mother to show that he should be removed. The court cited Restatement Third of Trusts § 1 in support of the proposition that minors' custodianships were virtual trusts and explained that placing the burden of proof on the party who sought removal of the custodian of a UTMA account was consistent with the rule that removal was an extraordinary remedy designed to protect against harm caused by the continuing depletion or mismanagement of an estate. In re Probate Appeal of Douglas McIntyre, 263 A.3d 925, 933. § 2. Definition of Trust Conn.Super.2021. Com. (f) quot. in sup., quot. in case quot. in sup.; com. (i) quot. in sup. After the death of decedent, who, prior to his death, created a charitable trust and executed a will that exercised his nongeneral testamentary power of appointment under various family trusts to fund the charitable trust, decedent's sister and co-trustees of the family trusts filed a petition for construction of the trusts and confirmation of the validity of decedent's actions. The probate court ruled that decedent's actions were valid and effective. This court affirmed. The court rejected sister and co-trustees' argument that decedent's exercise of his power of appointment failed by operation of law because the charitable trust was not funded during decedent's lifetime and thus was not a legal entity to which property could be appointed, noting that, under Restatement Third of Trusts § 2, a trust need not be funded contemporaneously with the execution of the trust documents, so long as it was funded at a later point by the delivery of trust property to a trustee. Benjamin v. Corasaniti, 267 A.3d 108, 117, 119. § 3. Settlor, Trust Property, Trustee, and Beneficiary Hawaii App.2021. Subsec. (2) and com. (b) quot. in sup. Park visitor who was struck by a large tree branch that fell on her while she was standing in the park filed a personal-injury action against, among others, trustee that held the park in trust for the benefit of the public, as well as the trust itself. The trial court granted summary judgment for defendants, finding that defendants were immune from tort liability COPYRIGHT C2022 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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