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Case Citations [i] (Fall 2023)

handle is hein.ali/rettgp2436 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations TRUSTS 3D PART 1. NATURE, CHARACTERISTICS, AND TYPES OF TRUSTS CHAPTER 1. DEFINITIONS AND DISTINCTIONS § 2. Definition of Trust Mich.App.2021. Quot. in diss. op. Owners of property sued co-owner, seeking a determination of interests in real property owned by the parties and conveyed to them by trustee on behalf of trusts, which purported to own partial interests in the property as a joint tenant with a right of survivorship. On remand, the trial court, among other things, voided the trusts' conveyances to the parties. This court affirmed, holding that the trial court did not err in voiding the conveyances by the trusts, because joint tenancy was defined as a life-estate interest in property, and trusts were not living persons whose life estates could terminate upon death. The dissent cited Restatement Third of Trusts § 2 in arguing that the majority erred in likening trusts to corporations as entities that could exist in perpetuity in common law and could not hold life estates, and explained that trusts were fiduciary relationships with respect to property whose trustees could hold title as joint tenants. Schaaf v. Forbes, 979 N.W.2d 358, 371. N.Y.Sup.Ct.App.Div.2022. Cit. in sup. Trustee of a trust created for the care of an abandoned dog filed a petition for review of town and town animal shelter's decision to humanely destroy the dog. The trial court granted respondents' motion to dismiss. This court affirmed, holding that petitioner did not meet her burden of establishing that she suffered an injury in fact, because petitioner did not possess the dog or have ownership interest in the dog, and petitioner's interest in the dog was limited to a desire to take possession of it and locate it a new home. Citing Restatement Third of Trusts §§ 2 and 3, the court explained that petitioner, in her capacity as trustee of a trust containing funds to care for the dog, did not have an interest in the dog, noting that the grantor of the trust lacked a cognizable legal interest in the dog at the time the trust was created. Festa v. Town of Oyster Bay, 177 N.Y.S.3d 665, 667. § 3. Settlor, Trust Property, Trustee, and Beneficiary N.Y.Sup.Ct.App.Div.2022. Cit. in sup. Trustee of a trust created for the care of an abandoned dog filed a petition for review of town and town animal shelter's decision to humanely destroy the dog. The trial court granted respondents' motion to dismiss. This court affirmed, holding that petitioner did not meet her burden of establishing that she suffered an injury in fact, because petitioner did not possess the dog or have ownership interest in the dog, and petitioner's interest in the dog was limited to a desire to take possession of it and locate it a new home. Citing Restatement Third of Trusts §§ 2 and 3, the court explained that petitioner, in her capacity as trustee of a trust containing funds to care for the dog, did not COPYRIGHT (2023 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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