· 12/10/1999
Christensen Family Trust v. Christensen
Citations
- 993 P.2d 1197
- 133 Idaho 866
- 1999 Ida. LEXIS 133
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that beneficiaries with highly remote contingent interests in a trust were not real parties in interest to a suit to enjoin a sale of trust-held real estate for purposes of I.R.C.P. 17(a)
- holding issue of settlor’s intent, as a question of fact, could not be resolved on summary judgment
- holding issue of settlor’s intent, as a question of fact, could not be resolved on summary judgment
- contingent beneficiaries, having a mere expectancy, were held not to be real parties in interest because the terms of the trust allowed for its exhaustion before they might receive anything from it.
- court may not consider the sufficiency of evidence in determining whether to allow a party to amend because that is more properly an issue for summary judgment state
- court may not consider the sufficiency of evidence in determining whether to allow a party to amend because that is more properly an issue for summary judgment state
Source: CourtListener parenthetical corpus (CC0).
Judges: Kidwell, Schroeder, Silak, Trout, Walters
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.