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dc.date.accessioned2013-02-14T01:08:20Z
dc.date.available2013-02-14T01:08:20Z
dc.date.issued1975en_US
dc.identifier.citation8 Creighton L. Rev. 262 (1974-1975)en_US
dc.identifier.urihttp://hdl.handle.net/10504/38829
dc.description.abstractFIRST PARAGRAPH(S)|During the survey period, the Nebraska Supreme Court decided two cases which expanded and clarified trust law. In both cases the court adopted the position of the Restatement (Second) of Trusts reinforcing Dean Foster's view that "as to [trust] situations covered by Nebraska decisions, the restatement states the law of Nebraska with only a few exceptions." In Lukowski v. Deleski, the court adopted Section 45(b)(1) of the Restatement by holding that the existence of a confidential relationship between transferors and transferee allowed imposition of a constructive trust on real estate which had been conveyed under an oral trust for a third party. In O'Shea v. O'Shea, Section 250 of the Restatement was cited as authority for the court's holding that a trustee of a spendthrift trust who had made unauthorized payments to the beneficiary was not entitled to a charge on a beneficiary's interest in the trust...en_US
dc.publisherCreighton University School of Lawen_US
dc.titleTrusts and Succession - Supreme Court Reviewen_US
dc.typeJournal Articleen_US
dc.rights.holderCreighton Universityen_US
dc.description.volume8en_US
dc.publisher.locationOmaha, Nebraskaen_US
dc.title.workCreighton Law Reviewen_US
dc.description.note1974-1975en_US
dc.description.pages262en_US


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