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Case Citations [i] (Spring 2026)

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                         *THE AMERICAN


                               LAW INSTITUTE



                                     Spring 2026 Citations



                                     TRUSTS 3D



             PART   1. NATURE,   CHARACTERISTICS, AND TYPES OF TRUSTS

                      CHAPTER 1. DEFINITIONS AND DISTINCTIONS

§ 2. Definition of Trust

C.A.6, 2025. Cit. in ftn. Trustee of a trust that owned residential rental property, individually and as
trustee, filed an action against city to challenge its housing-code inspection rules, alleging that city
violated his Fourth Amendment and Equal Protection rights by demanding his consent to warrantless
searches before it would give him a rental license. The district court granted city's motion for summary
judgment, finding that trustee lacked standing to raise a Fourth Amendment claim because the housing
code did not authorize unconstitutional searches, and city never conducted any warrantless,
nonconsensual inspections on the trust's property. This court affirmed. In making its decision, the court
observed that the trust was also a plaintiff, and that the modern trend as pointed out in Restatement
Third of Trusts § 2 was to recognize a trust as a legal entity with legal capacity, despite trusts
traditionally having been limited to being a fiduciary relationship between people. Herschfus v. City of
Oak Park, Michigan, 150 F.4th 489, 493.

§ 3. Settlor, Trust Property, Trustee, and Beneficiary

D.C.App.2025.  Subsec. (1) quot. in sup. After nonprofit charitable corporation, which was created to
purchase a house through a grant provided by a national affordable housing nonprofit, attempted to sell
the house to an undisclosed private party, resident of the house sued corporation, alleging, among other
things, that corporation was effectively a charitable trust and that the sale would violate the Uniform
Trust Code (UTC), which required trust assets to be used in a manner compliant with the trust's
purposes. The trial court granted judgment as a matter of law to corporation, finding that resident lacked
standing to bring a UTC claim. This court affirmed, holding that resident was not a settlor of corporation
as defined by Restatement Third of Trusts § 3(1) with standing to file a claim under the UTC, because
he did not contribute any property to corporation, and that no exception to that rule applied to afford
resident standing. Farina v. Janet Keenan Housing Corporation, 335 A.3d 537, 549.

§ 5. Trusts and Other Relationships
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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.