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eBook details

• Title: State Nebraska v. Dennis J. Paulson
• Author : Supreme Court of Nebraska
• Release Date : January 28, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

A will may direct a fiduciary to do the impractical but it cannot require him to do the impossible. Hayward v. Spaulding, 75 N.H. 92, 94; N.H. Anno. Restatement, Trusts, s. 165. "Sometimes the purpose for which a private express trust was created becomes impossible of accomplishment...." 4 Powell, Real Property, s. 567, p. 425 (1954). In that case, depending on the provisions of the will as a whole and the circumstances, a court of equity may terminate the trust or permit the fiduciary to deviate from the terms of the trust. 2 Scott, Trusts, ss. 165, 167.

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