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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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RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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