Section 2.6 Entities With Sovereign Immunity
| Library | Trusts and Powers 2013 Supp |
3. (§2.6) Entities With Sovereign Immunity
Because a trustee must be able not only to contract but also to sue and be sued in administering the trust, it is sometimes said that the United States or a governmental entity with sovereign immunity cannot be a trustee. While this is not true, the beneficiaries may have difficulty enforcing the trust unless there is an enabling statute. Restatement (Second) of Trusts § 95 (1959); George Geason Bogert &...
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