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But they insist they were allowed by the rules that grantor A.N. Pritzker wrote when he established the trusts in the 1960s and 1970s.
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Restrictions established by the benefactor who established the trust are considered to be voluntary.
Martin M. Shenkman, a trust lawyer in Teaneck, N.J., said that courts generally respected the desires of whoever established the trust.
Once established, the trust can collect claims for damages to the asset directly from the parties responsible, just as happens in the wake of an oil spill.
Alberta is Alberta M. Bair, the strong-willed, quirky heiress who favored red hats and vodka and established the trust that had financed the museum.
Britain's Guardian has (mostly) prospered under such an arrangement, though several of the original trustees were grandchildren of John Scott, the publisher who established the trust.
Although he has a seat on the board this is purely semantics – (McClaren frequently acknowledges he has no contact with Ashley and has never established the trust with the owner he initially envisaged developing).
Restrictions placed on a trust fund by the settlor (the donor who established the trust) are considered to be voluntary, even if they are involuntary from the beneficiary's perspective.
It was "perhaps the most beautiful answer I have ever heard," she recalls, and it established the trusting peace that was to prevail between them for the rest of his life.
But he said that in the opinion of a law firm that had established the trust, "it was not a charity and therefore not required to register as a charity".
He led the Cesar Pelli expansion and was instrumental in developing legislation which established the Trust for Cultural Resources which has helped MoMA and many other New York City cultural institutions to finance their expansions.
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