TRUSTS
Restatement of the Law, Trusts
The original work on this subject is now out of print. It was replaced by Restatement of the Law Second, Trusts. Restatement Third is now in progress.
Restatement of the Law Second, Trusts
Trusts 2d (vols. 1-2) & Appendix (vols. 3-5)
vol. 1
xxiv, 655 pp., 1959, Order Code 5214, $63.50 -- Order this itemvol. 2
xxii, 516 pp., 1959, Order Code 5493, $63.50 -- Order this itemAppendix vol. 3
xxviii, 783 pp., 1959, Order Code 5494, $63.50 -- Order this itemAppendix vol. 4
xxi, 415 pp., 1988, Order Code 5890, $63.50 -- Order this itemAppendix vol. 5
xxi, 439 pp., 1988, Order Code 5891, $63.50 -- Order this item[ View Shopping Cart | Checkout | Empty Shopping Cart ]
Restatement of the Law Second, Trusts, replaces the original work published in 1935. Although it does not contain very much that is contrary to what was said in the first Restatement, it contains a great deal that was not said there. There have been many subsequent applications of established principles to new situations, and those are covered in the newer work. The effort in Trusts Second is to provide fuller explanations for conclusions reached, stating not only the rule, but wherever helpful, the reasons behind the rule. Accordingly, Reporter’s Notes are included. These cite a great deal of case law and whatever discussion the Reporter desired to give.
In two volumes, the Restatement covers definitions and distinctions; the creation of a trust; the trust property; the trustee; the beneficiary; transfer of the interest of the beneficiary; the administration of the trust; liabilities to third persons; liabilities of third persons; the termination and modification of the trust; charitable trusts; and resulting trusts.
The remaining three volumes of Restatement Second, Trusts, are Appendices containing case citations, cross-references, and Reporter’s Notes. Cumulative annual pocket parts update Volumes 4 and 5.
Reporter
: Austin W. Scott, Law School of Harvard University, Cambridge, Massachusetts.Advisers:
Ralph J. Baker, Law School of Harvard University, Cambridge, Massachusetts;Restatement of the Law Third, Trusts
The Restatement Third of Trusts began with a revision of the Prudent Investor portions of the Second Restatement of Trusts (1959), which was completed and published in a single volume in 1992. In 2003, the Institute published Volumes 1 and 2 of Restatement Third, Trusts, which cover the Nature, Creation, and Elements of Trusts; Interests and Rights of Beneficiaries; and Trust Modification and Termination.
These thoroughly reconsidered and reformulated volumes draw both on court decisions and on statutes to provide a contemporary treatment of trust law offering authoritative guidance to legislators, judges, and especially to those who counsel trustees and beneficiaries and who endeavor to draft instruments that will accurately reflect the lawful intentions of donors. The new Restatement’s extensive treatment of charitable trusts provides valuable guidance and rationale — with Illustrations drawn from timely contemporary fact patterns and issues — as to what courts may or may not regard as legitimate charitable purposes and what are appropriate applications of the cy pres doctrine. Additional volumes not yet published will deal with the administration of trusts and incorporate an updated version of the earlier Prudent Investor volume.
2 volumes: vol. 1: xxxviii, 433 pp.; vol. 2: xxxviii, 690 pp.; 2003, hardbound, Order Code 1R3TROTK, $196 -- Order this item; softbound (complete in one volume), Order Code 1R3TRV12OTS, $75 -- Order this item
Special Offer:
Restatement of the Law Third, Property (Wills and Other Donative Transfers) Volumes 1 (1999) and 2 (2003) (combined in one volume) and Restatement of the Law Third, Trusts, Volumes 1 and 2 (2003) (combined in one volume):
Order both Restatements, softbound, Order Code 1R3WDTTROTSK, at the special price of $135 – $67.50 per volume – a $15 savings -- Order this item
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Tentative and Other Annual Meeting Drafts
Tentative Draft No. 1: Part 1. Nature, Characteristics, and Types of Trusts: Chapter 1. Definitions and Distinctions; Chapter 2. Resulting Trusts; Part 2. Creation of Trusts: Chapter 3. Basic Principles and Requirements; Chapter 4. Formalities: Trusts Created by Will; Chapter 5. Formalities: Creation of Inter Vivos Trusts
xxvii, 574 pp., 1996, Order Code 5550, $50 -- Order this itemTentative Draft No. 2: Part 2. Creation of Trusts (revised § 26); Part 3. Elements of Trusts; Part 4. Nature of Beneficiaries’ Rights and Interests
xxxi, 514 pp., 1999, Order Code 6134, $50 -- Order this itemPlease note: There is a special price for purchase of Trusts, Tentative Draft No. 1 (5550) & Trusts, Tentative Draft No. 2 (6134) sold together, Order Code 6134K: $75 – a $25 savings.
-- Order this item Tentative Draft No. 3: Part 2. Creation of Trusts: Chapter 4. Formalities: Trusts Created by Will (revised § 19, Comment f); Part 3. Elements of Trusts: Chapter 6. Trust Purposes (new § 28 on “Charitable Purposes”); Part 5. Modification and Termination of Trusts xxiii, 219 pp., 2001, Order Code 1R3TRTD3, $25 -- Order this item*Tentative Draft No. 4: Part 6. Trust Administration: Chapter 14. Trustee Powers and Duties: General Principles; Chapter 15. Specific Duties of Trusteeship; Chapter 16. Extent and Exercise of Trustees' Powers xxviii, 380 pp., 2005, Order Code 1R3TRTD4, $35 -- Order this item
* Official text not yet published.
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xix, 307 pp., 1992, Order Code 5368, $63.50 -
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Although the Prudent Investor Rule project constituted only a partial revision of the Second Restatement of Trusts, it was intended to comprehensively reformulate, in the context of modern portfolio theory and contemporary investment practices and techniques, the traditional rules governing the trustee’s duty to invest and manage the assets of the trust with prudence. This volume will eventually be updated and incorporated into the thorough revision of Restatement Second, now in progress, that will constitute the complete Restatement Third of Trusts. See Volumes 1 and 2.
The coverage of Trusts (Prudent Investor Rule) includes the general standard of prudent investment (§ 227), investment provisions of trust or statute (§ 228), and duty with respect to original investments (§ 229), as well as revisions to other sections of the Second Restatement of Trusts affecting or affected by the prudent investor rule. The Appendix contains the complete text of sections partially revised or presented for information only. Tables of cases, statutes, authorities, and cross-references to the West Digest System and ALR annotations are included, as is an index.
Reporter:
Edward C. Halbach, Jr., University of California School of Law, Berkeley, California.Advisers:
Philip S. Anderson, Little Rock, Arkansas [from 1989]; Joel C. Dobris, University of California at Davis School of Law, Davis, California [from 1988]; Tamar Frankel, Boston University School of Law, Boston, Massachusetts; William F. Fratcher, University of Missouri-Columbia, Columbia, Missouri [from 1989]; James R. Gillen, Newark, New Jersey; Jeffrey N. Gordon, Columbia University School of Law, New York, New York; Robert H. Jeffrey, Columbus, Ohio; Hugh R. Jones, Syracuse, New York; John H. Langbein, Yale Law School, New Haven, Connecticut; Bevis Longstreth, New York, New York; Marilyn G. Ordover, New York, New York [from 1989]; Michael E. Patterson, New York, New York [from 1988]; Sherwin P. Simmons, Tampa, Florida [from 1989]; Robert A. Stein, University of Minnesota Law School, Minneapolis, Minnesota [from 1989]; Joseph L. Wyatt, Jr., Los Angeles, California [from 1988].Tentative and Other Annual Meeting Drafts
Proposed Final Draft: § 227. General Standard of Prudent Investment; § 228. Investment Provisions of Trust or Statute; § 229. Duty with Respect to Original Investments. Revisions to §§ 170, 171, 181, 183, 184, 187, 190, 191, 205, 208, 209, 210, 211, 213, 232, 239, 240, 241, 379, and 389
xvi, 230 pp., 1990, Order Code 5984, $30 -- Order this item