Kalpana Kalpana (Editor)

Hutchens v. Stout

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Hutchens v Stout 79 N.C. App. 292, 339 S.E.2d 103 was a case before the North Carolina Court of Appeals in 1986.

Facts

The beneficiary of a charitable trust was on welfare. The government wanted to force the trustee to make distributions to the beneficiary (which would cut the beneficiary's welfare and save the government money). However, since the trustee had absolute discretion, the trustee could choose not to make a distribution to the beneficiary. (Note: Recent legislation makes it easier for the government to compel the trustee to make a distribution).

References

Hutchens v. Stout Wikipedia