Trusts and Succession - Supreme Court Review
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Authors
Issue Date
1975
Volume
8
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|During the survey period, the Nebraska Supreme Court decided two cases which expanded and clarified trust law. In both cases the court adopted the position of the Restatement (Second) of Trusts reinforcing Dean Foster's view that "as to [trust] situations covered by Nebraska decisions, the restatement states the law of Nebraska with only a few exceptions." In Lukowski v. Deleski, the court adopted Section 45(b)(1) of the Restatement by holding that the existence of a confidential relationship between transferors and transferee allowed imposition of a constructive trust on real estate which had been conveyed under an oral trust for a third party. In O'Shea v. O'Shea, Section 250 of the Restatement was cited as authority for the court's holding that a trustee of a spendthrift trust who had made unauthorized payments to the beneficiary was not entitled to a charge on a beneficiary's interest in the trust...
Description
Citation
8 Creighton L. Rev. 262 (1974-1975)
Publisher
Creighton University School of Law