Legal Opinion
In re the Estate of Richards
Supreme Court of The Virgin Islands
Decided October 22, 1996No. Probate No. 3/1979PublishedCited by 1 opinion
1Opinion of the CourtDiase, Judge
MEMORANDUM OPINION
The Court is asked to determine the question of whether certain provisions of the Last Will and Testament of James A. Richards, Jr., dated December 7, 1978, create a valid testamentary trust. The *20Court answers the question in the negative as the settlor imposed no affirmative duties on the trustees. As a result, the trust is deemed passive and executed under the Statute of Uses. Legal title in the trust assets, therefore, passes to the intended beneficiaries of the trust, as there is no trust to administer.
FACTS
This probate of the Estate of James A. Richards, Jr. has a long…
2Cases cited6 opinions
- Marriage of Penney v. WhiteMissouri Court of Appeals · 1980
- Lowitz EstateSupreme Court of Pennsylvania · 1948
- Burnham v. Baltimore Gas & Electric Co.Court of Appeals of Maryland · 1958
- Johnson v. ThorntonSupreme Court of South Carolina · 1975
- Rentz v. Polk Ex Rel. Estate of RentzSupreme Court of South Carolina · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- King v. AppletonSupreme Court of The Virgin Islands · 2014