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Author : Florien Giauque
Publisher : Unknown
Page : 468 pages
File Size : 51,9 Mb
Release : 1897
Category : Guardian and ward
ISBN : OSU:32437121791137
Author : Florien Giauque
Publisher : Unknown
Page : 400 pages
File Size : 41,8 Mb
Release : 1886
Category : Guardian and ward
ISBN : OSU:32437121791087
Author : Florien Giauque
Publisher : Unknown
Page : 400 pages
File Size : 41,8 Mb
Release : 1881
Category : Guardian and ward
ISBN : SRLF:AA0007701212
Author : Laura C. Selby,Continuing Legal Education Society of British Columbia,Catherine Romanko
Publisher : Unknown
Page : 128 pages
File Size : 46,8 Mb
Release : 2000-12-01
Category : Capacity and disability
ISBN : 1552581535
Author : Laura Selby,Catherine Romanko,Continuing Legal Education Society of British Columbia
Publisher : Unknown
Page : 128 pages
File Size : 52,7 Mb
Release : 2009
Category : Public trustees
ISBN : OCLC:855393123
Author : Florien Giauque
Publisher : Forgotten Books
Page : 392 pages
File Size : 51,8 Mb
Release : 2018-02-21
Category : Law
ISBN : 0666067341
Excerpt from A Manual for Guardians and Trustees of Minors, Insane Persons, Imbeciles, Idiots, Drunkards, and for Guardians Ad Litem, Resident and Non-Resident, Affected by the Laws of Ohio To prepare such a work on the subject of guardianship in Ohio, with suitable forms, practical suggestions, index, etc., has been the aim of the writer since this volume was begun and announced. For this pur pose, it has been necessary to examine, with care, the standard works on Trusts, Trustees, Domestic Relations, and other subjects in which guardianship is considered directly or indirectly, as well as a great many cases decided by the courts of our diflerent states and of Eng land, and to glean, condense, and arrange from these authorities such matter as would likely be most. Useful, and yet not to make the book a large or expensive one. The time devoted to it being chiefly outside of usual office hours, its progress was not as rapid as was hoped at first; and when almost ready for the press. It, with considerable other manu script, was totally destroyed by fire. Its data had, therefore, to be again all collected as at first, and its writing done a second time. These are the causes of its delay. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Richard Shipman
Publisher : Unknown
Page : 794 pages
File Size : 51,7 Mb
Release : 1840
Category : Conveyancing
ISBN : OXFORD:N11196756
Author : Anonim
Publisher : Unknown
Page : 70 pages
File Size : 53,8 Mb
Release : 2012*
Category : Incorporation
ISBN : 1443570079
Author : Hercules Tennant
Publisher : Unknown
Page : 468 pages
File Size : 46,5 Mb
Release : 1863
Category : Electronic
ISBN : HARVARD:HL432F
Author : Anonim
Publisher : Unknown
Page : 636 pages
File Size : 44,5 Mb
Release : 2024-07-02
Category : Civil service
ISBN : CORNELL:31924091508162
Author : Hugh Scobie
Publisher : Unknown
Page : 270 pages
File Size : 53,9 Mb
Release : 1851
Category : Municipal corporations
ISBN : HARVARD:HL4AKM
Author : Alexander A. Bove, Jr.
Publisher : Juris Publishing, Inc.
Page : 322 pages
File Size : 50,5 Mb
Release : 2014-09-01
Category : Law
ISBN : 9781578233762
The trust protector is generally regarded as a relatively new position in trust law, and the key feature of the position is that the protector may be granted powers over the trust, which are generally superior to those of the trustee. This places the protector in a position where, by the exercise of his powers, he can cause the trust to adjust to unforeseen changes or new conditions without the need for court action or beneficiary approval. This work takes the firm position that, with only limited exception, the role of the protector is a fiduciary one, imposing on the protector a duty to act in the best interests of the purposes of the trust and the beneficiaries. Unfortunately, a substantial segment of the legal community, as well as the legislative bodies of a number of international jurisdictions, have taken a position that the protector is not a fiduciary, or that he may be declared in the trust not to be a fiduciary, and that the power granted him under the trust may be declared to be personal powers, whether or not such is the case, and thus he would have no liability for his actions or inactions while serving as protector. This “attraction” of providing total exculpation of the protector has effectively engendered a quick acceptance of the position by the bulk of the legal community and even by the legislatures of a number of jurisdictions, though almost totally unsupported by relevant case law. As a result, we have been seeing trusts which incorporate the use of a protector having the power to make critical dispositive and administrative decisions, as well as extensive modifications to the trusts without being exposed to liability for negligence or bad decisions which result in damages. This work will examine in detail the role of the protector of the trust, the relationship between the protector and the trustee, between the protector and the beneficiaries, and the protector’s responsibilities to the purposes of the trust. It will demonstrate with legal support that the role of the protector is not a new role, that, in fact, the protector is simply a new name for the decades-old position of trust “advisor,” and that the trust advisor is consistently regarded as a fiduciary in relevant treatises and has been repeatedly held to be a fiduciary in relevant cases. The discussion will also review and analyze the historical issues and professional commentary relevant to trust law and the role of protector, as well as case decisions in various international jurisdictions which have shed light on the issues and some of the positions taken in the statutes of a number of jurisdictions in the United States and across the world. All legal aspects of the role will be examined, including the rights of the protector, the protector’s relationship to the trustee, and the courts’ regard for and treatment of the position. Further, the work will discuss in detail all of the practical considerations in using a protector, such as selection and special drafting considerations, the use of a protector in a foundation, and, in brief, the numerous tax issues that may apply. The conclusion will be that with only very limited exception, which will be explained, the protector is unquestionably a fiduciary, and just as a trustee, he should be held to fiduciary standards. Accordingly, while it is certainly possible to grant personal powers to an individual under a trust, those powers per se conflict with the duties of a protector. And while it is also possible to reduce the fiduciary liability of a protector to a minimum, it is not possible to eliminate it entirely, regardless of trust language attempting to do so.
Author : Herman Ludolphus Prior
Publisher : Unknown
Page : 396 pages
File Size : 42,8 Mb
Release : 1858
Category : Conveyancing
ISBN : OSU:32437122053875
Author : J. D. HOWLAND (and BARBOUR (Lucian))
Publisher : Unknown
Page : 320 pages
File Size : 43,6 Mb
Release : 1862
Category : Electronic
ISBN : BL:A0017717938
Author : United States. Department of the Air Force
Publisher : Unknown
Page : 158 pages
File Size : 53,9 Mb
Release : 1956
Category : Aeronautics, Military
ISBN : UIUC:30112107816602