Siegel v. Novak

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[t]he central characteristic of a revocable trust is that the settlor ‘has the right to recall or end the trust at any time, and thereby regain absolute ownership of the trust property’ ”
• stating that “[s]ubstantive law generally relates to the rights and duties of a cause of action, while procedural law involves the machinery for carrying on the suit.”
• Denying standing would be “contrary to our sense of justice—a trustee should not be able to violate its fiduciary duty . . . and yet escape responsibility because the settlor did not discover the transgressions during her lifetime. . . .”
• \[A] settlor/trustee's withdrawal of funds from a revocable trust is tantamount to a revocation or termination of the trust with respect to the funds withdrawn.\
• “[A] court will apply foreign law when it deals with the substance of the case and will apply the forum’s law to matters of procedure.”
• A [A] settlor/trustee = s withdrawal of funds from a revocable trust is tantamount to a revocation or termination of the trust with respect to the funds withdrawn. @

Source: CourtListener parenthetical corpus (CC0).