71 Md. App. 265 - State, Cent. Collection Unit v. Brent’s Empirical Analysis
1987
Citation profile
4
cited by 4 later decisions
1
states following
November 2000
most recently cited
2 state decisions
Relationships
Relies on Smith v. Towers · Safe Deposit & Trust Co. v. Robertson · Morgan'S Estate · Croom v. Ocala Plumbing & Electric Co. · First National Bank of Omaha v. First Cadco Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The fact that the beneficiary is incompetent, and hence unable to make a valid decision, does not extend the life of the spendthrift trust beyond the settlor’s intention. By its terms the instant trust protects minors but is mute as to incompetents. The settlor could have protected an incompetent beneficiary simply by creating a discretionary trust, i.e., conferring uncontrolled discretion upon the trustee as to the manner and terms of payment to the beneficiary of all or part of the principal or income of the trust. Furthermore, the settlor could have provided in the trust that in the event that a cestui que trust became incompetent, the trust would not terminate as to that particular beneficiary during the period of incompetency. Significantly, neither of those provisions is Contained in Dr. Brent’s trust.”
1 later decision quote this exact passage“at any time after the attainment by him or her of the age of thirty-five (35) years and prior to the attainment by him or her of the age of forty (40) years, he or she shall have the absolute right and option in writing to the Trustee to request and direct the Trustee to convey, deliver and pay over unto him or her, free and clear of any and all further trust, any portion of the principal of his or her respective share of the trust fund up to but not to exceed, however, one-half of the principal of his or her respective share thereof as constituted at the time of the division thereof into equal shares as hereinbefore provided ____”
1 later decision quote this exact passage“all stand for the proposition that when the purpose of the trust has been achieved, or because of the occurrence of a certain contingency, the beneficiary may terminate the trust, at will, the trust is, thereby, terminated insofar as creditors are concerned. A creditor’s rights may not thereafter be defeated by allowing the trustee, with the beneficiary’s acquiescence, to retain control of the corpus of the trust.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.