The Castrated Trustee: Jouissance and Breach of Trust

As a highly prolific legal mechanism that both predated and subsequently found form amid the development of Anglo-American capitalist societies, the modern-day trust operates across manifold private, commercial, domestic and international spheres. As a consequence of their complex legal, economic and political significance that informs, for example, the worlds of global corporate finance as well as public pensions, trusts play a remarkably important role in helping shape the wider socio-cultural domain of Anglo-American jurisdictions and beyond. Yet trusts remain under- or ill-considered juridical sites in terms of continuing critical-legal dialogues, and especially the dialogue between equity and psychoanalysis. This article will explore how the trust mirrors or recreates in an external juridical form the internal regulation of desire and enjoyment that occurs within the psychic space of the subject-as-trustee. In particular, via duties and obligations a trustee holds on behalf of the subject-as-beneficiary, and the resultant breach that is said to occur when such duties and obligations are not met. Using two key formulations this article will aim to assess the trustee as castrated by means of a (re)interpretation and (re)imagination of some fundamental and formal aspects of breach of trust from the perspective of psychoanalysis. The first formulation relates to the continuous force of unconscious desire (the death drive) that pushes the subject-as-trustee ever onwards towards the thing (das Ding) and surplus enjoyment (jouissance), thus producing an (inevitable) affective paradox or trap in which the trustee finds themselves caught. The second, albeit intimately connected with the first, relates to the internal regulatory or prohibitive psychical mechanisms that prevent or seek to prevent the subject-as-trustee from pushing past the limit on enjoyment imposed by the pleasure principle. To be exact, a limit that has been consciously and deliberately recreated in the trust mechanism, and by extension the so-called “onerous” duties of the subject-as-trustee, as a means of preventing a breach of trust

Homer Foundation - 2007 Annual Report

Contains mission statement, director's message, program information, financial statements, reports from the distributions and investment committees, grants list, donor information, and list of board members

Momentum: The Burton D. Morgan Foundation 2009 Annual Report

This annual report gives examples of entrepreneurial activities the Foundation has funded, as well as a list of grants and financial statements for the year 2009. It also includes a letter from the president and a list of board and staff members. As the Foundation navigated the economic storm of 2008-09, we dedicated ourselves to maintaining the momentum of transformative entrepreneurship programs in Northeast Ohio

No Good Deed Goes Unpunished: How the New Hampshire Probate Court Has Strengthened the Power of the Attorney General in Charitable Trust Suits

As Americans increasingly use estate planning tools to provide for their favorite charities, the charitable trust is an important instrument that fits uniquely into general trust law. While charitable trusts are similar to private trusts to a great extent, there are also some critical differences between the two vehicles, especially regarding their enforcement. Specifically, state attorneys general play a special role in the enforcement of charitable trusts. This Note examines this special role of the state attorney general—namely, how trustees interact with the attorney general, arguments for why the role of the attorney general needs to be reformed or eliminated, and arguments in support of letting the attorney general maintain his or her power in these charitable trust cases. After considering the historical background on charitable trusts, this Note analyzes a recent New Hampshire case, In re Nashua Center for the Arts, as an example of how the New Hampshire Probate Court affirmed the power of the state Attorney General in this charitable trust setting. In that case, several groups of concerned citizens tried to intervene when the trust for Nashua Center for the Arts, part of the Edith Carter estate, announced it would relocate its funds to the Currier Museum of Art in Manchester, New Hampshire. The court denied their motions to intervene because only the state Attorney General has the power to represent them—the parties did not have standing to intervene on their own. The Note then explores other New Hampshire cases, Massachusetts cases, and legal disputes in other states to provide additional perspectives. This Note concludes that while the court’s decision in In re Nashua Center for the Arts initially seems like a harsh injustice for the nonprofits in Nashua that felt entitled to make use of the funds from Edith Carter’s estate, the court correctly applied the existing law. The outcome of the case should remind nonprofits and citizens in New Hampshire that, while the state has held itself out as one of the most progressive states for trust law, the significant powers held by the state Attorney General will not be limited any time soon

Plus Ça Change, Plus C'est la Même Chose

The publication of Euan Sinclair and Ann Stewart, Conveyancing Practice in Scotland (6th edn, 2012) is a reminder of the enduring role of the WS Society's members in supporting best practice in property law for over 200 years. We look at how things began in the 18th century with the remarkable Robert Bell, WS (1760-1816). (Co-authored with Robert Pirrie.

George Gund Foundation 2010 Annual Report

Contains president's letter, executive director's letter, photo essay of Cleveland's performing artists, 2011 grants list, financial statements, grant guidelines and application procedures, and lists of board members and staff

Connecticut Community Foundation Inspired by You -- 2011 Annual Report

Contains letter from the board chair, letter from the president, donor profiles, donor information, grants and scholarship list, funds list, donors list, financial summary, and list of board and committee members