Finding a specific treatise on LexisNexis Planned maintenance scheduled April 17/18, 2019 at 00:00UTC (8:00pm US/Eastern) Announcing the arrival of Valued Associate #679: Cesar Manara Unicorn Meta Zoo #1: Why another podcast?
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Finding a specific treatise on LexisNexis
Planned maintenance scheduled April 17/18, 2019 at 00:00UTC (8:00pm US/Eastern)
Announcing the arrival of Valued Associate #679: Cesar Manara
Unicorn Meta Zoo #1: Why another podcast?
I need to find the treatise with the following lines of text in it but I do not have access to LexisNexis. I am a Westlaw user and I can't find it, I am hoping someone might be able to give me the article name.
Here is the text (There are missing links in the text, not sure if Lexis will be able to read those or not):
Agreement With Beneficiaries of Estate as to Compensation of Fiduciary
A fiduciary may agree to waive or renounce his commissions, although such agreement if unilateral may be withdrawn.298Link to the text of the note However, the fiduciary can be estopped from revoking the waiver if it is relied upon by the beneficiaries in their agreeing to his or her appointment. For example in In re Hopkins,299Link to the text of the note the decedent’s heirs agreed as to whom would be appointed administrator of the estate, provided for the manner in which the assets of the estate would be administered and divided, and agreed that the person appointed as administrator would waive any commissions for so acting. In this case, the chosen administrator’s agreement to waive commissions could not be repudiated.
Similarly, a fiduciary can make a binding agreement with the beneficiaries to accept a lesser commission. In In re Nevins’ Estate,300Link to the text of the note the court pointed out that an agreement made by a corporate fiduciary prior to its appointment to accept a lesser commission than the statutory rates is binding. However, in this case the acceptance of the reduced commission was made after the appointment of the successor fiduciary and was neither a consideration for nor condition of the fiduciary’s nomination as a successor trustee. Thus, though the agreement was binding as to prior accounting periods, the fiduciary could repudiate the agreement with respect to future acts.
Normally, beneficiaries may not by agreement bind the estate nor themselves to permit executors to take more commissions than the law prescribes. Such agreements are void as without consideration and as a violation of a rule of public policy.301Link to the text of the note However, for good and sufficient consideration, the beneficiaries may bind themselves individually (but not the estate) to pay extra commissions above the statutory rates. These agreements may, however, be called into question and voided for unfairness, want of consideration, or inequitableness. 302Link to the text of the note
contract-law legal-research research
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I need to find the treatise with the following lines of text in it but I do not have access to LexisNexis. I am a Westlaw user and I can't find it, I am hoping someone might be able to give me the article name.
Here is the text (There are missing links in the text, not sure if Lexis will be able to read those or not):
Agreement With Beneficiaries of Estate as to Compensation of Fiduciary
A fiduciary may agree to waive or renounce his commissions, although such agreement if unilateral may be withdrawn.298Link to the text of the note However, the fiduciary can be estopped from revoking the waiver if it is relied upon by the beneficiaries in their agreeing to his or her appointment. For example in In re Hopkins,299Link to the text of the note the decedent’s heirs agreed as to whom would be appointed administrator of the estate, provided for the manner in which the assets of the estate would be administered and divided, and agreed that the person appointed as administrator would waive any commissions for so acting. In this case, the chosen administrator’s agreement to waive commissions could not be repudiated.
Similarly, a fiduciary can make a binding agreement with the beneficiaries to accept a lesser commission. In In re Nevins’ Estate,300Link to the text of the note the court pointed out that an agreement made by a corporate fiduciary prior to its appointment to accept a lesser commission than the statutory rates is binding. However, in this case the acceptance of the reduced commission was made after the appointment of the successor fiduciary and was neither a consideration for nor condition of the fiduciary’s nomination as a successor trustee. Thus, though the agreement was binding as to prior accounting periods, the fiduciary could repudiate the agreement with respect to future acts.
Normally, beneficiaries may not by agreement bind the estate nor themselves to permit executors to take more commissions than the law prescribes. Such agreements are void as without consideration and as a violation of a rule of public policy.301Link to the text of the note However, for good and sufficient consideration, the beneficiaries may bind themselves individually (but not the estate) to pay extra commissions above the statutory rates. These agreements may, however, be called into question and voided for unfairness, want of consideration, or inequitableness. 302Link to the text of the note
contract-law legal-research research
New contributor
BETH THOMAS is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |
I need to find the treatise with the following lines of text in it but I do not have access to LexisNexis. I am a Westlaw user and I can't find it, I am hoping someone might be able to give me the article name.
Here is the text (There are missing links in the text, not sure if Lexis will be able to read those or not):
Agreement With Beneficiaries of Estate as to Compensation of Fiduciary
A fiduciary may agree to waive or renounce his commissions, although such agreement if unilateral may be withdrawn.298Link to the text of the note However, the fiduciary can be estopped from revoking the waiver if it is relied upon by the beneficiaries in their agreeing to his or her appointment. For example in In re Hopkins,299Link to the text of the note the decedent’s heirs agreed as to whom would be appointed administrator of the estate, provided for the manner in which the assets of the estate would be administered and divided, and agreed that the person appointed as administrator would waive any commissions for so acting. In this case, the chosen administrator’s agreement to waive commissions could not be repudiated.
Similarly, a fiduciary can make a binding agreement with the beneficiaries to accept a lesser commission. In In re Nevins’ Estate,300Link to the text of the note the court pointed out that an agreement made by a corporate fiduciary prior to its appointment to accept a lesser commission than the statutory rates is binding. However, in this case the acceptance of the reduced commission was made after the appointment of the successor fiduciary and was neither a consideration for nor condition of the fiduciary’s nomination as a successor trustee. Thus, though the agreement was binding as to prior accounting periods, the fiduciary could repudiate the agreement with respect to future acts.
Normally, beneficiaries may not by agreement bind the estate nor themselves to permit executors to take more commissions than the law prescribes. Such agreements are void as without consideration and as a violation of a rule of public policy.301Link to the text of the note However, for good and sufficient consideration, the beneficiaries may bind themselves individually (but not the estate) to pay extra commissions above the statutory rates. These agreements may, however, be called into question and voided for unfairness, want of consideration, or inequitableness. 302Link to the text of the note
contract-law legal-research research
New contributor
BETH THOMAS is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
I need to find the treatise with the following lines of text in it but I do not have access to LexisNexis. I am a Westlaw user and I can't find it, I am hoping someone might be able to give me the article name.
Here is the text (There are missing links in the text, not sure if Lexis will be able to read those or not):
Agreement With Beneficiaries of Estate as to Compensation of Fiduciary
A fiduciary may agree to waive or renounce his commissions, although such agreement if unilateral may be withdrawn.298Link to the text of the note However, the fiduciary can be estopped from revoking the waiver if it is relied upon by the beneficiaries in their agreeing to his or her appointment. For example in In re Hopkins,299Link to the text of the note the decedent’s heirs agreed as to whom would be appointed administrator of the estate, provided for the manner in which the assets of the estate would be administered and divided, and agreed that the person appointed as administrator would waive any commissions for so acting. In this case, the chosen administrator’s agreement to waive commissions could not be repudiated.
Similarly, a fiduciary can make a binding agreement with the beneficiaries to accept a lesser commission. In In re Nevins’ Estate,300Link to the text of the note the court pointed out that an agreement made by a corporate fiduciary prior to its appointment to accept a lesser commission than the statutory rates is binding. However, in this case the acceptance of the reduced commission was made after the appointment of the successor fiduciary and was neither a consideration for nor condition of the fiduciary’s nomination as a successor trustee. Thus, though the agreement was binding as to prior accounting periods, the fiduciary could repudiate the agreement with respect to future acts.
Normally, beneficiaries may not by agreement bind the estate nor themselves to permit executors to take more commissions than the law prescribes. Such agreements are void as without consideration and as a violation of a rule of public policy.301Link to the text of the note However, for good and sufficient consideration, the beneficiaries may bind themselves individually (but not the estate) to pay extra commissions above the statutory rates. These agreements may, however, be called into question and voided for unfairness, want of consideration, or inequitableness. 302Link to the text of the note
contract-law legal-research research
contract-law legal-research research
New contributor
BETH THOMAS is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
BETH THOMAS is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
BETH THOMAS is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
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