What is the meaning of a trust agreement where the beneficiary of the trust is denied or denied a right reserved to himself by the trustor?
California, United States of America
The following excerpt is from Estate of Cox, 8 Cal.App.3d 168, 87 Cal.Rptr. 55 (Cal. App. 1970):
A trust agreement should not be interpreted so as to deny or diminish a right reserved to himself by a trustor because the exercise of the right would destroy or lessen the benefits to a gratuitous beneficiary, unless such is the clear meaning of the trust document. (See Lawrence v. Wilson, 44 Cal.App. 690, 693, 187 P. 30.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is appellant's claim that he was denied a right to exercise his right to a fair trial by a judge in the Superior Court of Appeal that he had been denied a fair hearing? (California, United States of America)
Can a trustee under a trust amendment recover attorney fees incurred in defending against a beneficiary named in the original trust agreement? (California, United States of America)
What is the test for a demurrer to deny or deny a plaintiff's civil rights claim against a civil servant who allegedly participated in civil rights violations? (California, United States of America)
When a party in whose name has placed a trust in the name of a person who is not a beneficiary of the trust, does he have to perform the obligations devolving upon him? (California, United States of America)
What is the meaning of the word "judicial means or procedure of enforcing a right"? (California, United States of America)
What is the fiduciary relationship between a beneficiary and the beneficiary of a trust? (California, United States of America)
Can a trustee or beneficiary of a trust petition the probate court to determine the existence of the trust? (California, United States of America)
Is the beneficiary of a life insurance policy entitled to the proceeds of the policy to the beneficiary when the beneficiary is innocent of any wrongdoing? (California, United States of America)
Does the Invention Agreement give a company a unilateral right to terminate or modify the terms of the agreement? (California, United States of America)
How have the trustees of a trust been found to have breached their fiduciary duties toward the trust by failing to disclose to the trustee that the trustees have a conflict of interest in the trust? (California, United States of America)
