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Simple English definitions for legal terms

capture doctrine: trusts

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A quick definition of capture doctrine: trusts:

The capture doctrine is a rule in trust law that says if someone has the power to give away property but instead keeps it for themselves, then the property they were supposed to give away becomes part of their own estate. This happens when the person with the power to give away property mixes it with their own property, showing that they intended to keep it for themselves. This rule is used in a few US states and is also in some legal books called the Restatements.

A more thorough explanation:

The capture doctrine is a theory in trust law that deals with the distribution of property that has been ineffectively appointed under a general power. According to this doctrine, a power of appointment is considered invalid or ineffective if there is evidence that the person who received the power intended to exercise control over the appointive assets. This is usually demonstrated by the blending of the appointive property with the property owned outright by the donee. The capture doctrine "captures" the property that is the subject of the power and makes it part of the donee's estate. If the invalid appointment is in trust, there will be a resulting trust to the estate of the donee of the power.

In Fiduciary Trust Co. v. Mishou, the Massachusetts Supreme Judicial Court applied the capture doctrine where a testator had completely blended appointive property with any property owned by her outright in her will. The Court found this demonstrated her intent to capture the appointive property for her own estate. The Court explained, "Where the donee of a general power attempts to make an appointment that fails, but the donee has manifested an intent wholly to withdraw the appointive property from the operation of the instrument creating the power for all purposes and not merely for the purposes of the invalid appointment, the attempted appointment will commonly be effective to the extent of causing the appointive property to be taken out of the original instrument and to become part of the estate of the donee of the power."

This doctrine originated in a series of decisions of the English courts and has been applied by a few US states, including Massachusetts, Colorado, and Virginia. The capture doctrine has also been adopted in the Restatement of Property, § 365, and Restatement of Trusts, § 426.

The example illustrates how the capture doctrine works in practice. In this case, the testator blended the appointive property with her own property, which showed her intent to control the appointive assets. As a result, the appointive property was captured and became part of her estate. This doctrine ensures that the appointive property is distributed according to the donee's intent and prevents any unintended consequences.

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JumpySubsequentDolphin
11:16
I told my family I won’t get any decisions until 2025 so they wouldn’t bombard me hahah
no i think there should be a Law School combine with all new drills except there is still the 40 yard dash
and a sub 4.5 gets you into any t14
LSAT can be one of the drills
letsseehowitgoesnow
11:17
so washu only called one person
So all the D1 athletes will get into a T-14. What else is new?
@TheAdoptedOne: that is called "Dean Poker Night" lol
@ClockworkBlue: I feel like most people could train for the 40 for the same amount of time as they do the LSAT and get close to sub 5 which would be equivalent to a 167+
this is like the schizophrenic posts JJK tik tok be putting out
powerscaling Law School deans up next
11:19
Election Day election day
Write in Dean Z vote
11:20
Saw a guy that wrote in Biden and he said no retirement for you buddy
1a2b3c4d26z
11:20
@ClockworkBlue: god I hope that's true
if the country was run the same as Mich Law it would be a better place
Imagine if election night was run by an adcom? Like, "yep, we could get the results Friday, or June 2025."
imagine if it was like Berkley applications
1a2b3c4d26z
11:22
Election status: Complete
1a2b3c4d26z
11:22
For months
triplethread
11:23
erection day
soapy
11:23
Shoutout to Robinhood's election bet not resolving until January
triplethread
11:23
is anyone else like certain that trump will win
ambitiouslizard
11:23
he aint winning
triplethread
11:23
i like being a pessimist
ambitiouslizard
11:24
he lost his re-election, why would he win this one?
1a2b3c4d26z
11:25
I have no idea why people have so much beef w berkeley's app
I've been reading a bit about "herding," which is this idea that pollsters are making the race look tied so they look right no matter who wins.
1a2b3c4d26z
11:26
Like... it's a more involved app but you don't have to do it? They're clearly trying to have some self-selection go on
I 100% agree with the self selection, I also am not even close to touching the medians there. However I think the huge PS plus the video and especially the very specific criteria for the why Berkeley essay is pretty crazy
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