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5 Utah opinions name it 1 courts 1892–2013 0 in the last five years
The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In Re the Trust of Gerbergreen2 sentences2013In re Gerber, 652 P.2d 937, 940 (Utah 1982) (emphasis omitted) (internal quotation marks omitted). $385 When employing the doctrine of cy pres, the donor's intention "should be the aim of the court." Id. (internal quotation marks omitted). 2013In re Gerber, 652 P.2d 937, 940 (Utah 1982) (emphasis omitted) (internal quotation marks omitted). $385 When employing the doctrine of cy pres, the donor's intention "should be the aim of the court." Id. (internal quotation marks omitted). | 3 | 3 |
Carroll v. First National Bankgreen2 sentences1982NOTES [1] Makoff v. Makoff, Utah, 528 P.2d 797, 798 (1974). [2] In re Estate of Roberts, 190 Kan. 248, 255 , 373 P.2d 165, 171 (1962). 1982NOTES [1] Makoff v. Makoff, Utah, 528 P.2d 797, 798 (1974). [2] In re Estate of Roberts, 190 Kan. 248, 255 , 373 P.2d 165, 171 (1962). | 1 | 1 |
Makoff v. Makoffgreen1 sentence1982NOTES [1] Makoff v. Makoff, Utah, 528 P.2d 797, 798 (1974). [2] In re Estate of Roberts, 190 Kan. 248, 255 , 373 P.2d 165, 171 (1962). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Snow, Christensen & Martineau v. Lindberg
green
2 sentences2013We did not evaluate whether the reformation was consistent with the principle or requirements of cy pres in that the Reformed Trust was of the same character as the UEP Trust or that the Reformed Trust was consistent with the settlor’s intent. ¶37 In determining the settlor’s intent, a court considering reformation under the doctrine of cy pres looks first to the plain 12 Cite as: 2013 UT 15 Opinion of the Court language of the trust. 2013We did not evaluate whether the reformation was consistent with the principle or requirements of cy pres in that the Reformed Trust was of the same character as the UEP Trust or that the Reformed Trust was consistent with the settlor’s intent. 12 Cite as: 2013 UT 15 Opinion of the Court ¶37 In determining the settlor’s intent, a court considering reformation under the doctrine of cy pres looks first to the plain language of the trust. | 3 | 2013–2013 |
Fundamentalist Church of Jesus Christ of Latter-Day Saints v. Lindberg
green
2 sentences2013Thus, application of the cy pres doctrine requires a court to determine whether the settlor would have chosen the district court's modifications over a simple termination of the trust. 186 Although we previously upheld the reformation of the Trust in Fundamentalist Church of Jesus Christ of Latter-Day Saints v. Lindberg, we did so exclusively on the basis of laches. 2010 UT 51, 35 , 238 P.3d 1054 . 2013Thus, application of the cy pres doctrine requires a court to determine whether the settlor would have chosen the district court's modifications over a simple termination of the trust. 186 Although we previously upheld the reformation of the Trust in Fundamentalist Church of Jesus Christ of Latter-Day Saints v. Lindberg, we did so exclusively on the basis of laches. 2010 UT 51, 35 , 238 P.3d 1054 . | 3 | 2013–2013 |
Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United States
green
2 sentences1982Id. at 52-56 , 10 S.Ct. at 806-808 . .Id. at 56, 10 S.Ct. 807 . . 1982Id. at 52-56 , 10 S.Ct. at 806-808 . .Id. at 56, 10 S.Ct. 807 . . | 1 | 1982–1982 |
Moore's Heirs v. Moore's Devisees
neutral
1 sentence1892In discussing the doctrine of cy pres, in its opinion in the case of Moore's Heirs v. Moore’s Devisees, 4 Dana, 354, after referring to-the prerogative of the king as parens patries, as to gifts, to charitable uses, the court said: “And this regal prerogative with some other curative powers inherent in the crown, was delégated to the chancellor of England in his ordinary ministerial capacity as- tbe keeper of the great seal and official organ of, the king.” And then, after remarking that we have no such officer in the United States as the chancellor of England, that our chancery courts have no | 1 | 1892–1892 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.