Charles E. Rounds, Jr. – Suffolk University Law School

Why infect the law of trusts with good faith doctrine?

The law’s good faith principle has traditionally regulated legal relationships, such as the contractual relationship. Equity’s more intense fiduciary principle has generally regulated equitable relationships, such as the…more

| Business Organizations, Commercial Law & Contracts, Business Torts,...

Standing to Seek Enforcement of Charitable Trusts

“It is the duty of the king, as parens patriae, to protect property devoted to charitable use; and that duty is executed by the officer who represents the crown for all forensic purposes.” Jackson v. Phillips, 96 Mass. (14…more

| Administrative Law, Civil Procedure, Civil Remedies, Wills, Trusts, & ...

The charitable corporation: A trust in disguise?

The charitable trust can have certain practical advantages over the charitable corporation, at least in some quarters and under certain circumstances. Operational simplicity and low-cost maintenance are some of the pluses. The…more

| Business Organizations, Family Law, Taxation, Wills, Trusts, & Estate...

The constructive general inter vivos power of appointment: A trap for the...

The constructive general inter vivos power of appointment is the product of the marriage of power of appointment doctrine and creditors’ rights doctrine. It is a topic that is taken up in §4.1.3 of Loring and Rounds: A Trustee’s…more

| Civil Remedies, Family Law, Professional Malpractice, Taxation, Wills,...

Discerning the true settlor of a trust

The person designated in the terms of a trust as its settlor (creator) may not necessarily be its true settlor (creator). Appearances are often deceiving in the world of the trust. Charles E. Rounds, Jr. explains in §8.43 of…more

| Civil Remedies, Family Law, Securities Law, Taxation, Wills, Trusts, & ...

The trust decanting statutes: Nuisances that should be repealed.

Inherent in a trustee’s discretionary authority to make a distribution of trust property outright and free of trust to a permissible beneficiary of the trust may well be the authority to distribute the property instead to…more

| Administrative Law, Conflict of Laws, Family Law, Taxation, Wills,...

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