(Download) "Wesley J. Umpleby v. State North Dakota" by Supreme Court of North Dakota ~ Book PDF Kindle ePub Free
eBook details
- Title: Wesley J. Umpleby v. State North Dakota
- Author : Supreme Court of North Dakota
- Release Date : January 29, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The county court determined, without an evidentiary hearing, that after the beneficiary of a discretionary support trust had died, the trustee could not pay claims for the beneficiarys health care expenses because the purpose of the trust had ceased to exist. We conclude that a decedent beneficiarys estate can seek to enforce the beneficiarys interests in a trust to the same extent that the beneficiary could have enforced his or her interests immediately before death. We further conclude that an evidentiary hearing was required before the county court could determine whether the trustee abused its discretion or had a duty to make support payments. Accordingly, we reverse and vacate the county courts order and remand the cause with directions to hold an evidentiary hearing.
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