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Author : George Folger Canfield
Publisher :
ISBN 13 :
Total Pages : 906 pages
Book Rating : 4.:/5 (334 download)
Download or read book Cases and Statutes on Trusts and Powers written by George Folger Canfield and published by . This book was released on 1914 with total page 906 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stewart Chaplin
Publisher : Forgotten Books
ISBN 13 : 9780265844632
Total Pages : 794 pages
Book Rating : 4.8/5 (446 download)
Download or read book A Treatise on Express Trusts and Powers written by Stewart Chaplin and published by Forgotten Books. This book was released on 2017-10-28 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from A Treatise on Express Trusts and Powers: Under the New York Revised Statutes and the Real Property Law of 1896; With an Appendix Containing a Table Showing the Sources of the Sections Cited, and a Table of Comparative d104s of the Revised Statutes and the Real Property Law Although our statutes have deprived the general treatises on trusts and powers of much of their value for local use, there has been hitherto no attempt to present a systematic and detailed statement of the law of New York in this field. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : George Folger Canfield
Publisher : Arkose Press
ISBN 13 : 9781343699571
Total Pages : 908 pages
Book Rating : 4.6/5 (995 download)
Download or read book Cases and Statutes on Trusts and Powers written by George Folger Canfield and published by Arkose Press. This book was released on 2015-09-29 with total page 908 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Mohamed Ramjohn
Publisher : Psychology Press
ISBN 13 : 9781859417447
Total Pages : 722 pages
Book Rating : 4.4/5 (174 download)
Download or read book Cases & Materials on Trusts written by Mohamed Ramjohn and published by Psychology Press. This book was released on 2004 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition has been considerably revised to take account of recent major statutory and case law developments. The Contracts (Rights of Third Parties) Act 1999 introduced a significant improvement in the rights of third parties to enforce contracts. The Trustee Delegation Act 1999 and the Trustee Act 2000 have had a profound effect in updating the law concerning trustees' duties and powers. Important new cases covered include: Foskett v Mckeown (tracing); Pragon Finance Ltd v Thakerar (constructive trusts); Air Jamaica v Charlton (resulting trusts); Choithram International v Pagarani (constitution of trusts); Twinsectra Ltd v Yardley (accessory liability); Wight v Olswang (exclusion clauses); Southwood v AG (charities); Schmidt v Rosewood Trust (disclosure of trust documents); Pennington v Waine (gifts of shares); Le Foe v Le Foe (indirect contributions to family assets); Gwembe Valley Development Co Ltd v Koshy (limitation periods); Duggan v Governor of Full Sutton Prison (intention to create a trust); OT Computers Ltd v First National Tricity Finance Ltd (certainty of objects), and many more. Each chapter includes an exposition of the fundamental principles of trusts law in a readable and intelligible form, supplemented by extracts from judgments of leading cases. References to other relevant cases, statutes, articles and official reports are also incorporated where appropriate.
Author : Gary Watt
Publisher : Oxford University Press
ISBN 13 : 0198737653
Total Pages : 609 pages
Book Rating : 4.1/5 (987 download)
Download or read book Cases and Materials on Equity and Trusts written by Gary Watt and published by Oxford University Press. This book was released on 2016 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a subject that is heavily reliant on the specifics of case law, Cases & Materials on Equity & Trusts provides an essential source of reference for your studies in equity and trusts. The tenth edition contains a diverse range of relevant and interesting case law, statutory material, academic writing, and official proposals for law reform. Where appropriate, legal material is accompanied by non-legal sources to highlight important issues and make them more memorable. The book uses key features as tools to assist learning and revision, including questions, suggestions for further reading, and notes. Gary Watt continues to combine rigorous scholarship with a clear and accessible approach in his choice of materials and commentary. New cases featured in this edition include: The UK Supreme Court's decision in AIB Group (UK) plc v Mark Redler and Co Solicitors (2014) on liability for losses caused by breach of trust, FHR European Ventures LLP v Cedar Capital Partners LLC (2014) on liability for unauthorised fiduciary gains, Rawstron v Freud (2014) on secret trusts, Prest v Petrodel (2013) on resulting trust and statutory formalities, Jetivia SA v Bilta (UK) Ltd (in liquidation) (2015) and Les Laboratoires Servier & Anor v Apotex Inc (2014) on illegality and the reliance principle in resulting trusts, Williams v Central Bank of Nigeria (2014) on the nature of the equitable liability of third party 'strangers' to a trust, Curran v Collins (2015), Graham-York v York (2015), and Smith v Bottomley (2013) on constructive trusts of land, New and pending legislation, such as the Inheritance and Trustees' Powers Act 2014, the Charities (Protection and Social investment) Act 2016, the Cohabitation Rights Bill, and the Law Commission's draft Trusts (Concealment of Interests) Bill are also discussed. Book jacket.
Author : George Gleason Bogert
Publisher :
ISBN 13 :
Total Pages : 698 pages
Book Rating : 4.F/5 ( download)
Download or read book Handbook of the Law of Trusts written by George Gleason Bogert and published by . This book was released on 1921 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles Fisk Beach
Publisher :
ISBN 13 :
Total Pages : 1056 pages
Book Rating : 4.F/5 ( download)
Download or read book Commentaries on the Law of Trusts and Trustees written by Charles Fisk Beach and published by . This book was released on 1897 with total page 1056 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James Penner
Publisher : Oxford University Press, USA
ISBN 13 : 0199639841
Total Pages : 558 pages
Book Rating : 4.1/5 (996 download)
Download or read book The Law of Trusts written by James Penner and published by Oxford University Press, USA. This book was released on 2012-07-05 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in the 'Core Text Series' covers the law of trusts, explaining from first principles what 'trusts' is about and providing the student with an understanding of the law and the important academic controversies surrounding it.
Author : George Gleason Bogert
Publisher :
ISBN 13 :
Total Pages : 780 pages
Book Rating : 4.F/5 ( download)
Download or read book Cases and Text on the Law of Trusts written by George Gleason Bogert and published by . This book was released on 1978 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David M Maclean
Publisher : Lawbook Company
ISBN 13 : 9780455209104
Total Pages : 139 pages
Book Rating : 4.2/5 (91 download)
Download or read book Trusts and Powers written by David M Maclean and published by Lawbook Company. This book was released on 1989 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard Clements
Publisher : Oxford University Press
ISBN 13 : 0198787545
Total Pages : 591 pages
Book Rating : 4.1/5 (987 download)
Download or read book Complete Equity and Trusts written by Richard Clements and published by Oxford University Press. This book was released on 2018 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Complete Equity and Trusts' provides a blend of explanatory text, cases and materials making it ideal for students new to equity and trusts. In this student-centred and approachable text, complex topics are explained clearly and succinctly.
Author : Alexander A. Bove, Jr.
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578233763
Total Pages : 322 pages
Book Rating : 4.5/5 (782 download)
Download or read book Trust Protectors: A Practice Manual with Forms written by Alexander A. Bove, Jr. and published by Juris Publishing, Inc.. This book was released on 2014-09-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trust protector is generally regarded as a relatively new position in trust law, and the key feature of the position is that the protector may be granted powers over the trust, which are generally superior to those of the trustee. This places the protector in a position where, by the exercise of his powers, he can cause the trust to adjust to unforeseen changes or new conditions without the need for court action or beneficiary approval. This work takes the firm position that, with only limited exception, the role of the protector is a fiduciary one, imposing on the protector a duty to act in the best interests of the purposes of the trust and the beneficiaries. Unfortunately, a substantial segment of the legal community, as well as the legislative bodies of a number of international jurisdictions, have taken a position that the protector is not a fiduciary, or that he may be declared in the trust not to be a fiduciary, and that the power granted him under the trust may be declared to be personal powers, whether or not such is the case, and thus he would have no liability for his actions or inactions while serving as protector. This “attraction” of providing total exculpation of the protector has effectively engendered a quick acceptance of the position by the bulk of the legal community and even by the legislatures of a number of jurisdictions, though almost totally unsupported by relevant case law. As a result, we have been seeing trusts which incorporate the use of a protector having the power to make critical dispositive and administrative decisions, as well as extensive modifications to the trusts without being exposed to liability for negligence or bad decisions which result in damages. This work will examine in detail the role of the protector of the trust, the relationship between the protector and the trustee, between the protector and the beneficiaries, and the protector’s responsibilities to the purposes of the trust. It will demonstrate with legal support that the role of the protector is not a new role, that, in fact, the protector is simply a new name for the decades-old position of trust “advisor,” and that the trust advisor is consistently regarded as a fiduciary in relevant treatises and has been repeatedly held to be a fiduciary in relevant cases. The discussion will also review and analyze the historical issues and professional commentary relevant to trust law and the role of protector, as well as case decisions in various international jurisdictions which have shed light on the issues and some of the positions taken in the statutes of a number of jurisdictions in the United States and across the world. All legal aspects of the role will be examined, including the rights of the protector, the protector’s relationship to the trustee, and the courts’ regard for and treatment of the position. Further, the work will discuss in detail all of the practical considerations in using a protector, such as selection and special drafting considerations, the use of a protector in a foundation, and, in brief, the numerous tax issues that may apply. The conclusion will be that with only very limited exception, which will be explained, the protector is unquestionably a fiduciary, and just as a trustee, he should be held to fiduciary standards. Accordingly, while it is certainly possible to grant personal powers to an individual under a trust, those powers per se conflict with the duties of a protector. And while it is also possible to reduce the fiduciary liability of a protector to a minimum, it is not possible to eliminate it entirely, regardless of trust language attempting to do so.
Author : Jesse Dukeminier
Publisher :
ISBN 13 :
Total Pages : 1082 pages
Book Rating : 4.3/5 ( download)
Download or read book Wills, Trusts, and Estates written by Jesse Dukeminier and published by . This book was released on 2009 with total page 1082 pages. Available in PDF, EPUB and Kindle. Book excerpt: Retaining the late Jesse Dukeminier's signature blend of wit, erudition, insight, and playfulness, Wills, Trusts, and Estates, now in its Eighth Edition, continues to offer interesting cases, well written notes, and a logical organization. The Eight Edition's new Companion Website, available with adoptions, includes an electronic version of the Teacher's Manual, PowerPoint slides on selected topics, and author updates. A stellar example of a great casebook, Wills, Trusts, and Estates features: eminently clear presentation of topics comprehensive substantive coverage inspired case selection engaging notes, questions, and problems that connect and highlight legal themes and principles humorous and illustrative cartoons, art, photographs, and other images a detailed Teacher's Manual that answers every question and problem posed in the casebook and includes comments on material cited in the text, analyses, comments, syllabus notes, and teaching suggestions With many new and revised notes, questions, and problems, the carefully updated Eighth Edition explores: New developments in law reform by the ALI and NCCUSL, such as: the 2008 Amendments to the Uniform Probate Code, including validation of notarized wills, reformation of wills for mistake, and a reworking of the spousal share the Uniform Power of Attorney Act further progress in the Restatement (Third) of Trusts and Restatement (Third) of Property Ongoing developments in the law, in such areas as: inheritance rights for same-sex partners the posthumous right of publicity the power of an agent to alter an incompetent principal's estate plan liberalized rules of trust modification and termination, and of trustee removal standing for donors in suits against the trustees of charitable trusts perpetual trusts and self-settled asset protection trusts Increasingly important topics such as: the movement to cure will execution defects and reform mistakes in wills fiduciary administration and trust investment law will contests, particularly the law of capacity and insane delusion Co-authors Robert Sitkoff and James Lindgren took great care to preserve the voice and spirit of Jesse Dukeminier, while fulfilling the trust and expectation among users for timely and relevant coverage, cases, and note material. *Teacher's Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or [email protected].
Author : Mark L. Ascher
Publisher : West Academic Publishing
ISBN 13 : 9781683288497
Total Pages : 0 pages
Book Rating : 4.2/5 (884 download)
Download or read book Selected Statutes on Trusts and Estates written by Mark L. Ascher and published by West Academic Publishing. This book was released on 2017-04-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook statutory supplement meets the needs of students in basic and advanced courses on wills, trusts, decedents' estates, fiduciary administration, and future interests, providing a compendium of essential uniform act provisions and official comments. It covers a wide range of topics, including intestacy, wills, rules of construction, probate administration, nonprobate transfers, disclaimers, principal and income, prudent investments, perpetuities, trust formation and modification, spendthrift and discretionary trusts, trustee powers and duties, powers of appointment, and powers of attorney. The previous edition has been updated to include amendments to the Uniform Probate Code, the Uniform Custodial Trust Act, and the Uniform Power of Attorney Act.
Author : Graham Virgo
Publisher : Oxford University Press
ISBN 13 : 0198804717
Total Pages : 735 pages
Book Rating : 4.1/5 (988 download)
Download or read book The Principles of Equity & Trusts written by Graham Virgo and published by Oxford University Press. This book was released on 2018 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.
Author : George Gleason Bogert
Publisher :
ISBN 13 :
Total Pages : 632 pages
Book Rating : 4.F/5 ( download)
Download or read book Cases and Text on the Law of Trusts written by George Gleason Bogert and published by . This book was released on 2008 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: Turn to this reference for all the major aspects of the law of trusts. Topics include trust intent, trust property, trustee, beneficiary, and the nature of the beneficiary's interest. Explores formalities for creation of inter vivos trusts, statute of frauds, and wills acts. The general scope of this edition is substantially the same as in the prior editions. This casebook provides information on future interests rules involved in creation of trusts; initiating, identifying and defending the trust; standard of care and investments; trustee powers and distributions; delegation to agents and co-trustees; and duty of loyalty/self-dealing. Plus, contract and tort liability, allocation of burdens and benefits to principal or income, records, accounting and fees, and many other trust related issues are also addressed.
Author : David J. Hayton
Publisher :
ISBN 13 : 9781405745222
Total Pages : 0 pages
Book Rating : 4.7/5 (452 download)
Download or read book Underhill and Hayton Law Relating to Trusts and Trustees written by David J. Hayton and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVISION ONE - PRELIMINARY DEFINITIONS -- DIVISION TWO - EXPRESS OR DECLARED TRUSTS -- 1. Preliminary terminology; 2. Introduction; 3. Matters essential to the prima facie validity of an express trust; 4. Validity of declared trusts in relation to latent matters; 5. The interpretation of executory trusts; 6. The termination of trusts of property; DIVISION THREE - TRUSTS IMPLIED BY LAW; 7. Introduction; 8. Resulting trusts; 9. Constructive trusts; DIVISION FOUR - THE ADMINISTRATION OF A TRUST; 10. Disclaimer and acceptance of trusts; 11. The estate of the trustee and its incidents; 12. Trusts of Land; 13. The trustee's duties; 14. The powers of the trustees; 15. Powers of the beneficiaries; 16. The death, retirement, or removal of trustees and the appointment of new trustees; 17. Appointment of a judicial trustee; 18. The Public Trustee; 19. Administration of new trusts created under limited powers in the original settlement; 20. The rights of the trustee; 21. The right of trustees and beneficiaries to seek the assistance of the Public Trustee or the court in auditing or in administrating the trust; DIVISION FIVE - THE CONSEQUENCES OF A BREACH OF TRUST; 22. The liability of the trustees; 23. Protection accorded to trustees in case of breach of trust; 24. Liability of third parties and beneficiaries; DIVISION SIX - CONFLICTS OF LAWS AND THE HAGUE TRUSTS CONVENTION; 25. Conflicts of Laws and the Hague Trusts Convention.
