Section 2.12 Sole Income and Remainder Beneficiary as Trustee—Merger of Title

• Library: Trusts and Powers 2013 Supp

9. (§2.12) Sole Income and Remainder Beneficiary as Trustee—Merger of Title

If a trust has but one beneficiary who holds all the equitable income and remainder interests, that beneficiary cannot be designated or remain as sole trustee because that would automatically collapse the trust by merger of the legal and equitable titles. See:

· Restatement (Second) of Trusts § 99(5) (1959)

· George Geason Bogert & Bogert, The Law of Trusts and Trustees § 129, p. 1003 (rev. 2^nd ed. 1984)

· Larry D. Scheafer...