Clarifying Justice Marshall’s contract-based constitutional analysis in Trustees of Dartmouth College v. Woodward, which confirmed that the cy pres power is a judicial prerogative.

Charles E. Rounds, Jr.
Contact

In prior postings we have considered how the plethora of hyper-technical legislative tweaks to and partial codifications of the principles-based law of trusts, such as the Uniform Trust Code and the Uniform Trust Decanting Act, are perversely rendering the law of trusts less uniform across the jurisdictions, as well as ever more hyper-technical, incoherent, and inaccessible to all but the initiated. For a detailed brief in support of the case against codifying aspects of equity doctrine see generally Chapter 1 of Loring and Rounds: A Trustee’s Handbook (2021). We cannot forget that the institution of the trust itself is a creature of equity, not of legislation or executive order.

In this posting we consider a related matter, namely whether a state legislature may constitutionally, other than via a compensated taking, tamper with the particular terms of a trust that is already up and running. This is a topic that is taken up in §9.4.4 of Loring and Rounds: A Trustee’s Handbook (2021). An enhanced post-publication version of the section is reproduced in its entirety in the Appendix immediately below.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Charles E. Rounds, Jr., Suffolk University Law School | Attorney Advertising

Written by:

Charles E. Rounds, Jr.
Contact
more
less

Suffolk University Law School on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.