This question should be answered using two IRAC structures. Please include all relevant keywords in your answer.
Hank, the owner of a hotel chain, sets up a trust to annually distribute the profits from his New York hotel to his son Steve and the profits from his California hotel to his daughter Daisy. However, the trustee mistakenly distributes all the profits to Steve. The trustee argues in court that a constructive trust should be created to return the profits to Daisy.
How is a court likely to rule?
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To answer this question, you should think about and discuss first whether Daisy is entitled to a constructive trust and second, whether the trustee may argue for the creation of a constructive trust.
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Constructive Trust
Trustee's Argument
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