uvauvauva wrote:Is there any possibility of there being an error/major type on your bar exam? There was such a typo on the fifth essay question on my exam.
I had the exact same thought about the trusts question. When the facts presented said that Wynn purchased the stock I have to assume that they meant to say that Sis purchased the stock (then sold it, bought the house, etc.).
If Wynn was actually correct then the call of the second part of the question essentially becomes what COA does a co-trustee have against the other co-trustee for allowing the settlor to purchase stock using trust principal (which technically can't even happen because a settlor can't actually touch trust res after it has been put in an irrevocable trust even if they wanted to)? Henry would also be asserting a COA against himself (since he would share some of Sis' violations). This can't be what the bar examiners meant. If Sis purchased the stock, which is what I think they meant, then you would just go through your trustee duties, duty to manage, throw in some prudent investor stuff, blah blah and then go on to the quasi-CP question. Not easy, but at least logical.