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Case Citations [1] (Fall 2024)

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                            THE AMERICAN


                              LAW INSTITUTE



                                      Fall 2024 Citations



                                    TRUSTS 3D



             PART   1. NATURE,  CHARACTERISTICS, AND TYPES OF TRUSTS

                      CHAPTER 1.   DEFINITIONS AND DISTINCTIONS

§ 2. Definition of Trust

Ill.App.2022. Quot. in case quot. in disc. In a dispute over the proceeds from the sale of a multi-unit
building that decedent initially transferred to a land trust before assigning his beneficial interest in the
land trust to an entity controlled by his revocable trust, successor trustee of the revocable trust sued
successor beneficiaries of the land trust, seeking a declaration that the assignment was valid, after
beneficiaries claimed that decedent failed to lodge the assignment with the land trustee as required by
the terms of the land trust. The trial court granted plaintiff's motion for summary judgment. This court
affirmed, holding that decedent's failure to lodge the assignment did not invalidate it, but rather,
voided it as to subsequent assignees or purchasers without notice. In making its decision, the court noted
that, unlike a conventional trust described in Restatement Third of Trusts § 2, in which the trustee held
legal title to the property and the beneficiary held equitable title, in an Illinois land trust, the trustee held
both the legal and equitable title to the property. Corcoran as Trustee of Second Amended Filip
Rotheimer Revocable Trust Dated September 12, 2012 v. Rotheimer, 216 N.E.3d 281, 287.


                              PART  2. CREATION OF TRUSTS

                 CHAPTER 3. BASIC PRINCIPLES AND REQUIREMENTS

§ 12. Trust Creation Induced by Undue Influence, Duress, Fraud, or Mistake

Pa.Super.2023. Cit. in sup. (citing § 12 of T.D. No. 1, 1996, which is now § 12 of the Official Text),
com. (b) cit. in sup. Beneficiaries of three irrevocable trusts filed a petition for a declaratory judgment to
determine the validity oftrust-modification agreements that beneficiaries had entered with settlor prior
to his death, and to confirm the appointment of successor trustees pursuant to the agreements; executor
of settlor's estate claimed that settlor was unduly influenced into signing the agreements. The trial court

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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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