gift by trust
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 318 U.S. 176 - Smith v. Shaughnessy · 1943Most cited · 363 citing opinions
The essence of a gift by trust is the abandonment of control over the property put in trust. The separable interests transferred are not gifts to the extent that power remains to revoke the trust or recapture the property represented by any of them, or to modify the terms of the arrangement so as to make other disposition of the property.
How often courts cite the case defining “gift by trust”
Court decisions citing the opinion that defined “gift by trust” — 357 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.