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Full-Text Articles in Estates and Trusts
Trusts - When Is The Beneficiary Of A Trust A Necessary Party In A Proceeding Involving The Trust Estate, Charles William Allen
Trusts - When Is The Beneficiary Of A Trust A Necessary Party In A Proceeding Involving The Trust Estate, Charles William Allen
Michigan Law Review
Two recent cases present the problem of the power of the trustee to represent the beneficiary in proceedings involving the trust estate. In Hood v. Cannon, arising in South Carolina, the trustee of an estate, upon merger of A bank into B bank, had applied to the probate court for permission to exchange A bank stock, held by the estate, for B bank stock. The court authorized the exchange in an ex parte proceeding to which the beneficiaries were not parties. B bank later failed, and the commissioner of banks brought suit against the defendant, the successor trustee, to …
Trusts - Judicial Supervision Of The Administration Of Trusts, Victor P. Kayser
Trusts - Judicial Supervision Of The Administration Of Trusts, Victor P. Kayser
Michigan Law Review
The last few years have witnessed an increasing tendency to use both the testamentary and inter vivos trust as a means for the distribution of estates. Since this results in an avoidance of the normal procedure of probate and administration and of supervision by the probate court, it becomes pertinent to inquire as to the extent to which the administration of trusts is subject to judicial control.