Legal Opinion
Bistrow v. Sova
Court of Appeals of Arizona
Decided September 1, 2011No. 1 CA-CV 10-0108PublishedCited by 1 opinion
1Opinion of the Court
OPINION
DOWNIE, Judge.
¶ 1 In this opinion, we examine the obligations of a trustee vested with “sole discretion” over principal distributions to a lifetime beneficiary. We adopt certain factors from the Restatement (Second) of Trusts for evaluating the exercise of the trustee’s discretion. We also affirm the in camera review procedure adopted by the superior court, though we modify its order to include consideration of the Restatement factors.
FACTS AND PROCEDURAL HISTORY
¶ 2 Esther Caplan died in 1983. Her will created two trusts, each funded with one-half her residuary estate. One trust was…
2Cases cited17 opinions
- Associated Indemnity Corp. v. WarnerArizona Supreme Court · 1985
- Howard E. Cox v. Mid-America Dairymen, Inc., a Kansas Corporation, Mid-America Dairymen, Inc. Retirement Plan Northern Trust CompanyCourt of Appeals for the Eighth Circuit · 1992
- Mathews v. PyleArizona Supreme Court · 1952
- Carlson v. Pima CountyArizona Supreme Court · 1984
- Quigley v. City Court of the City of TucsonCourt of Appeals of Arizona · 1982
12 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In Re Esther Caplan TrustCourt of Appeals of Arizona · 2011