
Diversification
• Must diversify portfolio
• Jones
– Actual damages plus interest are damages measure
– But should it have been appreciation measure?
– Ascher thinks eventually will be appreciate damages
– Problems:
– Didn’t diversify
– Didn’t follow internal procedures
– Didn’t keep in mind widow’s needs
• No diversification wrt original assets in Texas – 113.003
– Nor wrt to other ones – 113.056c
• Must diversify with Restatement 3rd
• Mayo
– Conservation of trust property
– Judge says ignore grantor and what he says and invest in stocks, etal.
– Prop 112.031
• Pulitzer – p/ 705 in Langbein article – which says trust FBO beneficiary NOT trustee
– Couldn’t anticipate newspaper would lose money
– Langbein says ignore all economic restrictions in rules
– But I want to be able to leave farm in trust and not allow sale!!
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