enforceable standard (Iowa) · Go Syfert
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enforceable standard in Iowa

7 Iowa opinions name it 2 courts 1904–2025 2 in the last five years

The cases below were cited by Iowa 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.

Followed or applied (1)

CaseFollowedCited
Bureau of Support in the Department of Mental Hygiene & Correction v. Kreitzergreen
ohio · 1968 · cited in 2 Iowa opinions naming this issue, 2004–2004
2 sentences

2004Bogert on Trusts § 229; see also Bureau of Support v. Kreitzer, 16 Ohio St.2d 147 , 243 N.E.2d 83, 86 (1968) (stating that "the words `care, comfort, maintenance and general well-being' are to be deemed an enforceable standard of a fiduciary's conduct to the extent of providing minimal support for a destitute cestui que trust" and that the state, as a creditor having provided support to the beneficiary, "may be considered to stand in [her] place to pursue whatever right, claim or remedy she may have, including such as she may have as a destitute cestui que trust"); Scott on Trusts § 187 (stati

2004Bogert on Trusts § 229; see also Bureau of Support v. Kreitzer, 16 Ohio St.2d 147 , 243 N.E.2d 83, 86 (1968) (stating that "the words `care, comfort, maintenance and general well-being' are to be deemed an enforceable standard of a fiduciary's conduct to the extent of providing minimal support for a destitute cestui que trust" and that the state, as a creditor having provided support to the beneficiary, "may be considered to stand in [her] place to pursue whatever right, claim or remedy she may have, including such as she may have as a destitute cestui que trust"); Scott on Trusts § 187 (stati

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Sweeney v. City of Bettendorf green
iowa · 2009
2 sentences

2025Lukken v. Fleischer, 962 N.W.2d 71 , 79 (Iowa 2021) (quoting Sweeney v. City of Bettendorf, 762 N.W.2d 873 , 878–79 (Iowa 2009)).

2021Sweeney v. City of Bettendorf, 762 N.W.2d 873 , 878–79 (Iowa 2009).

22021–2025
Bohac v. Graham green
nd · 1988
2 sentences

2004By using the words “to the extent said trustees deem necessary,” it gave the trustees some discretion as to whether to invade the corpus, see Bohac v. Graham, 424 N.W.2d 144 , 146 n. 3 (N.D.1988) (finding a discretionary support trust when the trust allowed the trustee to invade the corpus as he “may deem necessary” for the beneficiary’s support; stating that “inclusion of the support language suggests an enforceable standard requiring the trustee to provide a minimum level of sup port to the beneficiary” (citations omitted)).

2004By using the words "to the extent said trustees deem necessary," it gave the trustees some discretion as to whether to invade the corpus, see Bohac v. Graham, 424 N.W.2d 144 , 146 n. 3 (N.D.1988) (finding a discretionary support trust when the trust allowed the trustee to invade the corpus as he "may deem necessary" for the beneficiary's support; stating that "inclusion of the support language suggests an enforceable standard requiring the trustee to provide a minimum level of support *55 to the beneficiary" (citations omitted)).

22004–2004
Moran v. Moran red
iowa · 1909
2 sentences

1973To come into existence as an enforceable claim; vest as a right.” In Moran v. Moran, 144 Iowa 451, 460 , 123 N.W. 202, 205 , in considering the effect of a foreign statute of limitations upon a domestic contract, this court said: “While technically speaking there is perhaps no such thing as a ‘cause of action’ on a promissory note until it is due and the holder is entitled to sue thereon, there is a sense in which such cause exists from the moment when the promise becomes a legal and binding obligation.

1973To come into existence as an enforceable claim; vest as a right.” In Moran v. Moran, 144 Iowa 451, 460 , 123 N.W. 202, 205 , in considering the effect of a foreign statute of limitations upon a domestic contract, this court said: “While technically speaking there is perhaps no such thing as a ‘cause of action’ on a promissory note until it is due and the holder is entitled to sue thereon, there is a sense in which such cause exists from the moment when the promise becomes a legal and binding obligation.

11973–1973
De Rousse v. Williams green
iowa · 1917
1 sentence

1941Although a trust is a spendthrift trust or a trust for support, the interest of the beneficiary can be reached in satisfaction of an enforceable claim against the beneficiary, “ (a) by the wife or child of the beneficiary for support, or by the wife for alimony; * * ■*.” The only Iowa case called to- our attention, which deals with this proposition is De Rousse v. Williams, 181 Iowa 379 , 164 N. W. 896 , in- which the’ court held a final decree awarding alimony constituted no more than a judgment and could not be satisfied out of the property of a spendthrift trust unless the debtor had himsel

11941–1941
Whitehouse v. American Surety Co. green
iowa · 1902
1 sentence

1904When an enforceable claim arises, under section 3102, in relation to public corporations or public buildings, the idea of a lien either upon the building or on the fund is expressly excluded, and the demand is of a direct or-personal nature against the corporation, which has been made liable by the compliance of the contractor with the provisions of the' statute, before such corporation has paid the principal contractor according to the terms of the contract; Whitehouse v. American Surety Co., 117 Iowa, 328 .

11904–1904

Where else courts name it

MS 86 (1935–2024) CA 32 (1913–2026) GA 27 (1965–2024) AL 23 (1909–2014) TX 19 (1926–2019) NC 18 (1946–2024) NY 15 (1932–2011) IL 14 (1936–2025) FL 14 (1954–2024) WI 14 (1954–2009) NJ 10 (1986–2024) MA 10 (1980–2023) KS 8 (1960–2021) PA 8 (1943–2023) IA 7 (1904–2025) HI 7 (2002–2025) CT 7 (1977–2019) CO 6 (1902–2021) LA 6 (1957–2005) NM 5 (1999–2019) DE 5 (1940–2021) MO 5 (1913–1999) MI 5 (1992–2018) ND 4 (1988–2012) MN 4 (1995–2014) UT 4 (1954–2019) IN 4 (1917–2012) OH 4 (2010–2024) WA 3 (1902–1982) SD 3 (1943–2022) VT 3 (2003–2016) VA 3 (2004–2017) NE 2 (1938–2017) NH 2 (1988–1995)

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.

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