discretionary trust

discretionary trust
An anomalous term from the standpoint of absolute discretion in the trustee, since unbridled discretion in a trustee negatives the necessary separation of legal and equitable ownership. Best defined as a trust in which a broad discretion is vested in the trustee to be exercised in carrying out purposes and objectives for the benefit of another, which are required by the terms of the trust. 54 Am J1st Trusts § 36. A trust which exists when, by the terms of the trust, no direction is given to the trustee as to the manner in which the trust funds are to be invested, until the time arrives at which they are to be appropriated in satisfaction of the trust. Deaderick v Canfrell, 18 Tenn 263. A trust designed to prevent alienation by lodging discretion in the trustee as to the payment of income and withholding from the beneficiary a vesting of the equitable right to compel the distribution. Re Bucklin's Estate, 243 Iowa 312, 51 NW2d 412, 34 ALR2d 1327.

Ballentine's law dictionary. . 1998.

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