Monday, February 28, 2005

 

Legal Language

Dennis R. Hower, Wills, Trusts, and Estate Administration for the Paralegal, 5th edition (West Legal Studies, 2002), p. 265:
The beneficiary can obtain an injunction, i.e., a court order, to compel the trustee to do, or refrain from doing, an act that would constitute a breach of trust.
In other words,
  1. The beneficiary can obtain an injunction to compel the trustee to do an act that would constitute a breach of trust.
  2. The beneficiary can obtain an injunction to compel the trustee to refrain from doing an act that would constitute a breach of trust.
The author obviously intended 2, but not 1.

# posted by Michael Gilleland @ 8:37 AM


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