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Case Citations [i] (Spring 2026)

handle is hein.ali/respdt9965 and id is 1 raw text is: 





                          THE AMERICAN


                          LAW INSTITUTE



                                 Spring 2026 Citations



        PROPERTY 2D DONATIVE TRANSFERS



 DIVISION  I. SOCIAL RESTRICTIONS   IMPOSED   UPON  THE  CREATION   OF PROPERTY
                       INTERESTS  BY  DONATIVE   TRANSFERS

 PART IV. RESTRAINTS   ON INTERFERENCE WITH TRANSFEROR'S DISPOSITIVE PLAN

     CHAPTER   9. RESTRAINTS  ON  CONTESTS   AND  RESTRAINTS   ON ATTACKING
                                   FIDUCIARIES

§ 9.1 Restraints on Contests

Kan.App.2025. Com. (c) quot. in sup. Beneficiary ofa generation-skipping trust (GST) filed a petition
for a declaratory judgment against trustee of the GST, who was also trustee of a revocable trust (RT)
that funded the GST, seeking information about the RT and its assets; trustee counterclaimed, alleging
that beneficiary violated the forfeiture provision of the GST when he filed his lawsuit. After a hearing,
the trial court granted summary judgment for defendant in his capacity as trustee of the GST on his
counterclaim. This court reversed that portion of the decision, holding that beneficiary's petition did not
violate the forfeiture provisions of the GST, because it merely sought information about the trusts and a
judicial interpretation of the trust instruments. The court explained that an action commenced solely for
the purpose of obtaining information concerning a donative transfer did not violate a forfeiture provision
under Restatement Second of Property: Donative Transfers § 9.1. Sutherland v. Sutherland, Trustee
Norma H. Sutherland Master GST Trust, 567 P.3d 873, 890.



  DIVISION  II. POWERS  OF APPOINTMENT, CLASS GIFTS, AND RELATED MATTERS

                               PART  VI. CLASS GIFTS

              CHAPTER 25.  PRIMARY MEANING OF CLASS GIFT TERM

           Topic 1. CLASS GIFTS TO OTHERS   THAN  HEIRS AND  THE  LIKE

§ 25.9 Gifts to Issue or Descendants
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