For Your Data Bellows V. Page Representative Brief
December 05, 2020
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Bellows v. Page case brief summary
88 N.H. 283, 188 A. 12 (1936)
Facts:
-The Petitioner is a beneficiary nether 2 wills: ane her father’s, the other existence her aunt’s.
-The manly individual rear left all his belongings to his married adult woman in addition to petitioner one-half held inwards trust past times married adult woman alongside ability to usage it for the daughter’s maintenance.
-The aunt left a ane quarter involvement to the petitioner, to hold upward held inwards trust past times the mother.
-The petitioner was a pocket-size fry at the fourth dimension in addition to later the drafting of the wills, the petitioner's woman rear died.
-The defendant, Page, is her successor equally trustee.
Procedural History:
-Petition for declaratory judgment past times petitioner, Bellows against the defendant, Page, the trustee. -The illustration was transferred to Supreme Court of N.H.
-The Supreme Court of N.H. discharged illustration until farther proceeding were held past times trial court.
Issue:
-Did the father’s volition created a valid trust?
-Did the aunt’s volition created a valid trust?
-If either is valid, accept they been terminated, in addition to if so, what are the plaintiff's rights to the trust funds?
Holding: The trust created past times the volition of Petitioner's aunt is executed in addition to the petitioner is entitled to total legal championship to all belongings held past times the accused trustee.
Rule: The beneficiaries of a trust, if all consent in addition to none are nether an incapacity, tin move compel the trust’s resultant if the continuance of the trust is non necessary to comport out a cloth locomote of the trust, although a fixed menstruum has non expired.
Analysis:
-The aunt’s volition imposed no duties on the trustee, no discretionary power, in addition to no activity was required past times the petitioner's woman rear to effectuate whatever locomote of the testatrix.
-The volition created a Use or a passive trust which is governed past times the Statute of Uses.
-The Statute of Uses applies solely to trust created on freehold interests inwards land, nonetheless where the aunt’s volition does non dot whether existent property, personal property, or both, it is non impossible for the courtroom to dispose of the case.
-Modern courts execute passive trusts of personalty either past times analogy to the Statute of Use or on the theory that whatever trust without a locomote is automatically executed.
-The Statute of Uses was passed earlier the American Revolution in addition to it is susceptible to judicial change.
-The trust of the manly individual rear does non autumn nether the Statute of Uses.
-The words used are insufficient to practise a spendthrift trust, precisely they practise impose active duties on the trustee.
-It is an active trust in addition to equally such it is non executed nether the statute of uses.
-The volition gives the beneficiary total equitable championship to the trust fund, for life in addition to inwards remainder.
-She is the solely individual alongside an involvement inwards it -- she is the sole owner.
-The dominion regarding the resultant of the trust cannot hold upward applied until later the facts constituting farther prove are determined past times the trial court.
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88 N.H. 283, 188 A. 12 (1936)
Facts:
-The Petitioner is a beneficiary nether 2 wills: ane her father’s, the other existence her aunt’s.
-The manly individual rear left all his belongings to his married adult woman in addition to petitioner one-half held inwards trust past times married adult woman alongside ability to usage it for the daughter’s maintenance.
-The aunt left a ane quarter involvement to the petitioner, to hold upward held inwards trust past times the mother.
-The petitioner was a pocket-size fry at the fourth dimension in addition to later the drafting of the wills, the petitioner's woman rear died.
-The defendant, Page, is her successor equally trustee.
Procedural History:
-Petition for declaratory judgment past times petitioner, Bellows against the defendant, Page, the trustee. -The illustration was transferred to Supreme Court of N.H.
-The Supreme Court of N.H. discharged illustration until farther proceeding were held past times trial court.
Issue:
-Did the father’s volition created a valid trust?
-Did the aunt’s volition created a valid trust?
-If either is valid, accept they been terminated, in addition to if so, what are the plaintiff's rights to the trust funds?
Holding: The trust created past times the volition of Petitioner's aunt is executed in addition to the petitioner is entitled to total legal championship to all belongings held past times the accused trustee.
Rule: The beneficiaries of a trust, if all consent in addition to none are nether an incapacity, tin move compel the trust’s resultant if the continuance of the trust is non necessary to comport out a cloth locomote of the trust, although a fixed menstruum has non expired.
Analysis:
-The aunt’s volition imposed no duties on the trustee, no discretionary power, in addition to no activity was required past times the petitioner's woman rear to effectuate whatever locomote of the testatrix.
-The volition created a Use or a passive trust which is governed past times the Statute of Uses.
-The Statute of Uses applies solely to trust created on freehold interests inwards land, nonetheless where the aunt’s volition does non dot whether existent property, personal property, or both, it is non impossible for the courtroom to dispose of the case.
-Modern courts execute passive trusts of personalty either past times analogy to the Statute of Use or on the theory that whatever trust without a locomote is automatically executed.
-The Statute of Uses was passed earlier the American Revolution in addition to it is susceptible to judicial change.
-The trust of the manly individual rear does non autumn nether the Statute of Uses.
-The words used are insufficient to practise a spendthrift trust, precisely they practise impose active duties on the trustee.
-It is an active trust in addition to equally such it is non executed nether the statute of uses.
-The volition gives the beneficiary total equitable championship to the trust fund, for life in addition to inwards remainder.
-She is the solely individual alongside an involvement inwards it -- she is the sole owner.
-The dominion regarding the resultant of the trust cannot hold upward applied until later the facts constituting farther prove are determined past times the trial court.
---
Interested inwards learning how to acquire the superlative grades inwards your police schoolhouse classes? Want to larn how to written report smarter than your competition? Interested inwards transferring to a high ranked school?