The Law of Trusts
Browne Lewis
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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
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.