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The Law of Trusts

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Browne C. Lewis, Cleveland State University Cleveland Marshall College of Law

Pub Date: 2013

Publisher: CALI's eLangdell® Press

Language: English

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Table of Contents

Chapter 1 - The Capacity to Create a Testamentary Trust

  • 1.1. Parties Involved in a Trust Arrangement
  • 1.2. Testamentary Capacity

Chapter 2 - Creation of a Private Trust

  • 1.2 Intent to Create a Trust
  • 2.2 Requirement of Trust Property
  • Edwards v. Edwards
  • 2.3 Necessity of Trust Beneficiaries

Chapter 3 - Categories of Private Trusts

  • 3.1. Private Expressed Trusts
  • 3.2. Trusts Created By Operation of Law

Chapter 4 - Discretionary and Support and the Rights of the Beneficiary'sCreditors

  • 4.1 Discretionary Trusts
  • 4.2. Support Trust

Chapter 5 - Spendthrift Trusts and Creditors

  • 5.1 Expressed Spendthrift Trust
  • 5.2 Implied Spendthrift Trust
  • 5.3 Creditors

Chapter 6 - Modification and Termination of Trusts

  • 6.1 Termination
  • 6.2 Claflin and Material Purpose
  • 6.3 Deviation and Changed Circumstances
  • 6.4 Removal of the Trustee

Chapter 7 - Creation and Modification of Charitable Trusts

  • 7.1 Creation of the Charitable Trust
  • 7.2 Modification/Cy Pres

Chapter 8 - Supervision/Enforcement of Charitable Trusts

  • 8.1 Donor Standing
  • 8.2 Beneficiary Standing

Chapter 9 - Treatment of Trust Property

  • 9.1 The Duty to Collect and Protect Trust Property
  • 9.2 The Duty to Earmark Trust Property and to Not Comingle Trust Funds
  • 9.3 The Duty Not to Delegate
  • 9.4 Duty of Prudence

Chapter 10 - Duty of Loyalty

Chapter 11 - Duty of Impartiality

Chapter 12 - Duty to Account and Inform

  • 12.1 To Account
  • 12.2 To Inform
  • 12.3 The Trustee's Liability

About the Book

The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts.

About the Contributors

Author

Professor Lewis is the Leon & Gloria Plevin Professor of Law and the Director of the Center of Health Law & Policy at Cleveland-Marshall College of Law. Prior to joining the faculty at Cleveland-Marshall, Professor Lewis was an associate professor at the University of Detroit Mercy School of Law, a visiting professor at the University of Pittsburgh School of Law, a summer visiting professor at Seattle University School of Law and a legal writing instructor at Hamline University School of Law.  Professor Lewis has also taught in the American Bar Association CLEO Summer Institute.

Professor Lewis has been a visiting scholar at the Brocher Foundation in Geneva, Switzerland, the Hasting Center, and Yale University’s Interdisciplinary Center for Bioethics.  As a Senior Fulbright Specialist, Professor Lewis conducted research at Hebrew University and Haifa University in Israel.  Professor Lewis was also a Core Fulbright Scholar at King’s College in London, and a Robert Wood Johnson Public Health Law Scholar in Residence at the Cleveland Public Health Department.

Professor Lewis writes in the areas of estate planning, probate and reproductive law.  Her article on human oocyte cryopreservation was recently published in the Tennessee Law Review.  In 2012, New York University Press published Professor Lewis’ book on paternity and artificial insemination. Professor Lewis has recently completed a book on posthumous reproduction for Routledge Press.