K.S.A. § 58a-106

Common law of trusts; principles of equity

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58a-106. Common law of trusts; principles of equity. The common law of trusts and principles of equity supplement this code, except to the extent modified by this code or another statute of this state.

History: L. 2002, ch. 133, § 6; January 1, 2003.

Notes of Decisions

Cited in 2 cases, 2006–2020 · leading case: Case v. Hilgers Ex Rel. Blanche A. Hilgers Trust (In Re Hilgers)

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Case v. Hilgers Ex Rel. Blanche A. Hilgers Trust (In Re Hilgers) (2006) ksb · cites it 2× “See Kan. Stat. Ann. § 58a-105(b)(2) (the duty of the trustee to act in accordance with the purposes of the trust), § 58a-105(b)(3) (the requirement that a trust and its terms be for the benefit of its beneficiaries), § 58a-105(b)(4) (the power of the court to terminate a trust),…”

Mounkes v. Mounkes (2020) kanctapp “K.S.A. 58a-106. The blackletter principle in Restatement (Third) of Trusts § 8 states that if the owner transfers property with the intent that the transferee retain the property in trust and "the intended trust fails," the transferee then holds the property in a "resulting…”

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