Termination by Consent
•    337 – all beneficiary are adult and competent – may terminate if not frustrating material purpose
•    338 – Settlor and beneficiary may agree
–    Since settlor is alive, don’t have to look at material purpose, since can change mind
•    Must have consent of all beneficiaries and can’t violate a material purpose (US “Claflin doctrine”):
–    Fact that has more than one beneficiary is not material
–    Spendthrift trust language is material
•    In England, can do anything – testator intent is disregarded
–    Claflin doctrine prevents this in the US
•    Bayley
–    Prop 123.002, 123.003
–    Parens patriae – AG represents all charities so that charities don’t have to litigate
–    Charity wins and trust terminated
•    Hatch
–    Self-settled trust
–    Refuses to apply doctrine of worthier title
–    Court says “to X and remainder to Y” means exactly that
–    Prop 5.042a – also dismisses Rule in Shelley’s Case
–    Court says can’t terminate trust because heirs (who are these people!?  They’re determined at death!) have remainder
–    Can appoint guardian ad litem, but they’re then arguing for settlor to give all because will get it all when settlor dies
•    Power of appointment could take all benefits from remaindermen
•    NY doesn’t require unborn consent (Restatement 3rd agrees)