Trust Instrument

41 Florida cases classified under this topic · sorted by citation count · see the citation graph

• Commissioner of Internal Revenue v. Est. of Church
  335 U.S. 632· U.S.· 1949-01-17 ·cited 323×
  The Court should affirm the taxability of the Spiegel trust and remand the Church trust for determination of state law regarding possibility of reverter.
• Annmary K. Roberts v. Sarros
  920 So. 2d 193· Fla. 2d DCA· 2006-02-15 ·cited 43×
  Roberts, as successor trustee, appealed a summary judgment invalidating a trust amendment executed by the surviving grantor Louise McNeill after her husband's death. The appellate court reversed, holding that the trust's singular/plural construction clause permitted the surviving
• Bank. of Am. Nat. Tr. & Sav. Ass'n v. Commissioner of Internal Revenue
  126 F.2d 48· 9th Cir.· 1942-02-21 ·cited 22×
  The court held that capital gains reinvested in securities were not "permanently set aside" for charitable purposes if the trustee had discretion to use them for non-charitable obligations. It also held that payments for estate taxes and attorneys' fees, required by the trust dee
• Commissioner of Internal Revenue v. Phillips' Estate
  126 F.2d 851· 5th Cir.· 1942-03-20 ·cited 20×
  Gifts made under the trust instrument were gifts of future interests, thus not qualifying for gift tax exclusions, but the case is remanded to allow the taxpayer to contest the valuation of the trust estate.
• Hays' Estate v. Commissioner of Internal Revenue
  181 F.2d 169· 5th Cir.· 1950-04-14 ·cited 18×
  The court held that the decedent's direction for the trust to pay mortgage debts did not constitute a reservation of income, as her liability was contingent and remote, and the power to terminate the trust did not subject enjoyment to change.
• Voorhies v. Blood
  127 Fla. 337· Fla.· 1937-02-04 ·cited 18×
  The Florida Supreme Court addressed whether the trustee of an estate properly administered a trust fund invested in mortgages, affirming the trustee's proper appointment and conduct, while reversing the lower court's finding that certain mortgages purchased in the trustee's indiv
• Helm & Smith Syndicate v. Commissioner of Internal Revenue
  136 F.2d 440· 9th Cir.· 1943-06-22 ·cited 14×
  The court held that income earned by an unincorporated group during its first trust period was taxable as an association, but income earned after the dissolution of that trust and before the formation of a second trust was not.
• Commissioner of Internal Revenue v. Brandegee
  123 F.2d 58· 1st Cir.· 1941-10-30 ·cited 14×
  A gift of an immediate life interest in income from a trust is considered a present interest for gift tax exclusion purposes, but the beneficiaries' right to income may be a future interest if contingent on the discharge of trust encumbrances.
• Commissioner OF Internal Revenue v. Est. of Ellie G. Canfield
  306 F.2d 1· 2d Cir.· 1962-06-25 ·cited 12×
  The court held that the 'transfer' for the purpose of the Section 2036 exemption refers to the initial transfer of legal title upon the creation of the trust, not the subsequent release of a power of appointment.
• Helvering v. Tetzlaff
  141 F.2d 8· 8th Cir.· 1944-03-01 ·cited 10×
  The court affirmed the Tax Court's decision, holding that the value of remainder interests in a trust and certain stock transfers were not includible in the decedent's gross estate for estate tax purposes.
• Est. of Anna Lora Gilchrist v. Commissioner OF Internal Revenue
  630 F.2d 340· 5th Cir.· 1980-11-13 ·cited 8×
  A decedent's legal incompetence does not render a general power of appointment non-exercisable for estate tax purposes if the power could have been exercised by a guardian or court.
• Mathey v. United States
  491 F.2d 481· 3d Cir.· 1974-01-29 ·cited 8×
  The court held that the language and circumstances surrounding the trust instrument indicate the grantor did not intend to reserve the right to appoint herself trustee, and New York courts would not have permitted it.
• Ludwig v. Amsouth Bank OF Fla.
  686 So. 2d 1373· Fla. 2d DCA· 1997-01-08 ·cited 6×
  Evelyn Ludwig, as personal representative of her deceased husband's estate, appealed a trial court order holding that two trusts created by the Fishers survived her husband Robert's death and his estate had no claim to them. The court affirmed, finding the trusts' savings clause
• Est. of Joseph P. Grace v. The United States
  393 F.2d 939· Ct. Cl.· 1968-04-19 ·cited 6×
  The dissenting judge would hold that the taxpayers failed to prove the absence of estate tax motivation and that the reciprocal trust doctrine applies based on an objective standard, not subjective intent.
• Est. of Mary Jane Little v. Commissioner OF Internal Revenue
  274 F.2d 718· 9th Cir.· 1960-01-19 ·cited 6×
  The Tax Court erred in holding that the trust instrument, as modified, required the trustee to claim the entire depreciation and depletion deductions, and that no portion was allocable to the income beneficiary.
• Raffety v. Parker
  241 F.2d 594· 8th Cir.· 1957-02-07 ·cited 6×
  The court held that the trust instrument granted the Trustee absolute discretion to determine net income, which included the power to set up a depreciation charge for wasting assets, and that the Trustee's exercise of this discretion was not an abuse.
• Sunderland v. Commissioner of Internal Revenue
  151 F.2d 675· 3d Cir.· 1945-09-28 ·cited 6×
  The court held that the income from securities transferred by the petitioner to trusts for her children was not taxable to her, as she had divested herself of ownership and acted in a fiduciary capacity.
• Lilburn R. Railey, Jr. v. Alpha Railey Milam Skaggs and Mary Wells Milam
  220 So. 2d 689· Fla. 3d DCA· 1969-03-04 ·cited 5×
  Lilburn Railey appealed the dismissal of his Second Amended Petition seeking removal of trustees of his uncle's estate trusts. The Florida District Court of Appeal reversed the dismissal, holding that Railey stated valid causes of action for breach of fiduciary duty and had stand
• Watkins v. The First Nat'l Bank IN Fort Myers
  183 So. 2d 575· Fla. 2d DCA· 1966-02-25 ·cited 4×
  The court reverses a summary judgment requiring a bank trustee to pay $625 monthly from two identical trusts to the children's mother/guardian without accounting. The case involves conflicting language in the trust documents regarding whether payments should be the full fixed amo
• Doty v. Commissioner of Internal Revenue
  148 F.2d 503· 1st Cir.· 1945-04-04 ·cited 4×
  Ordinary dividends received by a trust are considered currently distributable income taxable to the beneficiary, even if the trustee attempts to classify them as principal under a broad discretionary power, if doing so contradicts the clear intent of the trust instrument.
• Childs v. Nat'l Bank OF Austin
  658 F.2d 487· 7th Cir.· 1981-08-25 ·cited 2×
  A trustee's agent who obtains a management position in a corporation owned by the trust, even if intended by the settlor, must account to the trust for any salary received from that position, absent specific exceptions.
• SUN First Nat'l Bank OF Orlando v. The United States
  607 F.2d 1347· Ct. Cl.· 1979-10-17 ·cited 2×
  The dissenting judge argues that the majority erred in finding that the settlor retained an interest in the trust corpus and that the trustee had discretion to classify capital gains as income, contrary to trust law and the instrument's clear intent.
• Magavern v. United States
  550 F.2d 797· 2d Cir.· 1977-02-24 ·cited 2×
  The court held that the trustee is bound to distribute some trust income to each beneficiary, creating a property right to which a tax lien can attach.
• Elwin Donald Brenneman v. Bennett
  420 F.2d 19· 8th Cir.· 1970-01-06 ·cited 2×
  The court held that a reserved power of sale in a trust instrument does not constitute a power to revoke the trust.
• Eddy v. Kelby
  163 F.2d 56· 2d Cir.· 1947-07-22 ·cited 2×
  The court's holding is not explicitly stated as the opinion is a dissent regarding fees.
• Henderson v. Rogan
  159 F.2d 855· 9th Cir.· 1947-02-08 ·cited 2×
  Property subject to a general power of appointment, exercised by deed intended to take effect at or after death, is includible in the decedent's gross estate for federal estate tax purposes.
• Howard v. Jennings
  146 F.2d 332· 8th Cir.· 1944-12-20 ·cited 2×
  A Missouri statute voiding spendthrift trust provisions against claims for alimony and child support applies to foreign divorce decrees, but only to the extent of accrued, final judgments, not future installments subject to modification.
• Dinkins v. Dinkins
  120 So. 3d 601· Fla. 5th DCA· 2013-07-26 ·cited 1×
  A trust provision offering an optional alternative devise, rather than a no contest clause, is not an invalid penalty clause under Florida law. Such a provision can be used to satisfy a surviving spouse's elective share.
• Harris v. Harris
  Del. Ch.· 2023-01-19
  The Court of Chancery held that Delaware's Officer Consent Statute can be used to serve process on individuals acting in the functional role of certain corporate officers, even without formal appointment. The court also found that Delaware's Long-Arm Statute, when applied with th
• Harris
  Del. Ch.· 2023-01-12
  The Delaware Court of Chancery held that it could exercise personal jurisdiction over defendant Paul Petigrow for the claim of tortious interference with a trust instrument under Delaware's Long-Arm Statute. The court found that Petigrow's actions in facilitating the appointment
• Sec. Exch. v. Mut. Benefits Corp
  S.D. Fla.· 2020-11-16
  The court held that Acheron's motion to wind down the trust was properly denied because it contravened the trust instrument's terms and purpose, and the Trustee's motion to initiate trust wind down was properly granted.
• Passell v. Watts
  794 So. 2d 651· Fla. 2d DCA· 2001-06-13
  Intended third-party beneficiaries of a trust have standing to sue an attorney for legal malpractice if the testator's intent is frustrated by the attorney's negligence.
• Goldenberg v. Golden
  769 So. 2d 1144· Fla. 3d DCA· 2000-11-01
  Nicole Dirado Goldenberg appeals a summary judgment denying her claim to her deceased husband's vested interest in a testamentary trust. The court reversed, holding that Carl Goldenberg's interest in the trust had vested when income payments to him began, and therefore passed to
• Commerce Bank, NA v. Ogden
  81 F. Supp. 2d 1304· M.D. Fla.· 1999-01-08
  The court held that the plaintiffs' claims for professional malpractice, negligence, and breach of fiduciary duty were premature because damages had not yet occurred under Florida law, which requires a 'wait and see' approach for transactional malpractice.
• Hurewitz v. The Miami Beach First Nat'l Bank
  287 So. 2d 147· Fla. 3d DCA· 1973-12-21
  The court reversed a lower court's decision, holding that a codicil to a will did not supersede a provision in a subsequently executed trust instrument regarding the distribution of assets.
• The Commercial Bank AT Winter Park under Charles W. Clayton v. United States
  450 F.2d 330· 5th Cir.· 1971-10-12
  The court held that trust instruments creating separate trusts for each child were validly established, despite provisions for intermingling shares under certain circumstances.
• Duncan v. United States
  368 F.2d 98· 5th Cir.· 1966-11-03
  The court held that a trust provision directing the trustee to pay life insurance premiums from available funds does not constitute a substantial restriction on the trustee's discretion, thus allowing the annual gift tax exclusion under Section 2503(c).
• Commissioner OF Internal Revenue v. Vander Weele
  254 F.2d 895· 6th Cir.· 1958-04-25
  The court held that the transfer of property into a trust, where the settlor retained significant control and benefit, did not constitute a completed gift subject to gift tax at the time of the transfer.
• Schneider v. Murphy
  183 F.2d 777· 5th Cir.· 1950-08-05
  The court held that the Henderson transaction conveyed Arthur Kelley's full legal and equitable interests to himself and May Kelley Schneider as joint tenants with right of survivorship, vesting May with the entire five-sixths interest after Arthur's death, and that this transact
• Allen v. Nunnally
  180 F.2d 318· 5th Cir.· 1950-02-27
  The court held that the taxpayer's powers to amend the trust were 'powers in trust' and could not be exercised for his personal benefit, thus the trust income for 1939 was not taxable to him.
• Theopold v. United States
  164 F.2d 404· 1st Cir.· 1947-12-02
  The court held that the reserved power to amend the trust was limited to clarifying the settlor's original intentions, not to making substantive changes, and therefore the trust corpus was not taxable to the decedent's estate under § 811(d)(2).