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Case Citations [i] (Spring 2026)

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                             THE AMERICAN


                               LAW INSTITUTE



                                      Spring 2026 Citations



                                        TRUSTS



Generally

Me.2025.  Cit. generally in ftn. In a dispute over the meaning of a deed that placed a large parcel of land
in a charitable trust for use as a camp by local scout council, state attorney general filed a claim for
breach of trust against council after it claimed title to the camp under the terms of the trust and sought to
sell the camp, seeking a declaration restricting council's use of the sale proceeds to uses consistent with
the trust's purposes. The trial court denied council's motion for summary judgment, finding that council
held legal title to the camp, but not equitable title, and that it could sell the camp, but that the proceeds
had to be used for the same original charitable purposes. This court affirmed, holding that, under the
trust's terms, only legal title vested with council after it failed to appoint any replacement trustees and it
became  the successor trustee. The court noted that it relied primarily on the Restatement of Trusts in
construing the terms of the trust; however, it cited more recently published Restatements because the
fundamental principles of trust law had not changed significantly since the execution of the deed.
Attorney General v. Pine Tree Council, Inc., 331 A.3d 258, 264.



                      CHAPTER 1. DEFINITIONS AND DISTINCTIONS

                                   TOPIC   1. DEFINITIONS

§ 2. Definition of Trust

Me.2025.  Com. (d) cit. in sup., com. (f) cit. and quot. in sup. In a dispute over the meaning of a deed
that placed a large parcel of land in a charitable trust for use as a camp by local scout council, state
attorney general filed a claim for breach of trust against council after it claimed title to the camp under
the terms of the trust and sought to sell the camp, seeking a declaration restricting council's use of the
sale proceeds to uses consistent with the trust's purposes. The trial court denied council's motion for
summary  judgment, finding that council held legal title to the camp, but not equitable title, and that it
could sell the camp, but that the proceeds had to be used for the same original charitable purposes. This
court affirmed, holding that, under the trust's terms, only legal title vested with council after it failed to
appoint any replacement trustees and it became the successor trustee. The court noted that, under
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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.