Research guides

Restatement of Trusts

Annotations

Volumes 1-2 of the third series of Trusts were published in 2003. Volume 3 was published in 2007, and volume 4 was published in 2012. Select case citation sources to the third series of Trusts may include case citations to all three series of the Restatement of Trusts.

The third series of Trusts: Prudent Investor Rule was published in 1992 as a partial revision of the second series (see Forward to Restatement (Third) of Trusts: Prudent Investor Rule, at IX (1992)). In 2007 the Prudent Investor Rule was incorporated into volume 3 of the third series (see Forward to Restatement (Third) of Trusts, at XI (vol. 3, 2007)).

The second series of Trusts was published in 1959. Select case citation sources to the second series of Trusts may include case citations to the first and second series of the Restatement of Trusts.

The first series of Trusts was published in 1935. Select case citation sources may include case citations to the first series with the second and third series of the Restatement of Trusts.

See below for more information on finding case annotations to all three series of the Restatement of Trusts.

Understanding Restatement Annotations

Compiled case annotations to the Restatements can be useful tools to determine how a Restatement provision has been applied by a particular court. These annotations are available in print, on the member database HeinOnline, and on the library's Westlaw computers.

In print, case annotations can be found in pocket parts, cumulative supplements, appendices, and interim case citation pamphlets. Pocket parts are published annually and placed in the back inside "pocket" of the Restatement. Pocket parts include annotations that have cited the provisions found in that volume. Corrections to the Restatement volume are also found in the pocket part. When a pocket part has grown too large to fit in the pocket of the book, a softbound cumulative supplement is published instead. When the annotations become extensive, they are transferred to a hardbound Appendix volume. Not all Restatements have appendix volumes, and some have multiple appendix volumes. Interim case citation pamphlets are published twice a year and contain new case summaries and citations for all Restatements and Principles of the Law. For more information on case citations, see ALI's Frequently Asked Questions page.

On HeinOnline, these annotations can be found under the Restatement subject in files named Case Citations, Cumulative Annual Pocket Part, and Appendix. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after a Cumulative Annual Pocket Part or Appendix.

On Westlaw, case annotations follow the text of the Restatement section. Westlaw indicates the currency of these annotations in the update information found above the Restatement section. In addition, KeyCiting the Restatement section by using the Citing References tab may lead to additional case citations as well as other types of documents. When applicable, these may include trial court orders, administrative decisions and guidance, other secondary sources, appellate court documents, trial court documents, and more.

Member Databases

HeinOnline's American Law Institute Library includes access to the Restatement annotations. Members must be logged in to jenkinslaw.org to access this database. HeinOnline is also available in the library.

Restatement, Third, Trusts

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Trusts > Restatement, Third, Trusts
        • Annotations are found in the Appendix volume, the 2015 Cumulative Annual Pocket Part, and Case Citations files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after the 2015 Cumulative Annual Pocket Part.
        • The Appendix volume includes case citations from July 1986 through June 2013 to the first, second, and third series of the Restatement of the Law of Trusts.
        • The 2015 Cumulative Annual Pocket Part includes case citations from July 2013 through June 2014 to the first, second, and third series of the Restatement of the Law of Trusts.
        • The Appendix volume and the 2015 Cumulative Annual Pocket Part also include case citations to the Restatement, Third, Trusts: Prudent Investor Rule. Use the Parallel Tables to find the corresponding section numbers between series of Restatements.

Restatement, Second, Trusts

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Trusts > Restatement, Second, Trusts
        • Annotations are found in the Appendix volumes, the 2015 Cumulative Annual Pocket Part, and Case Citations files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after the 2015 Cumulative Annual Pocket Part.
        • The Appendix volumes includes case citations through June 1986 to the first and second series of the Restatement of the Law of Trusts.
        • The 2015 Cumulative Annual Pocket Part includes case citations from July 2013 through June 2014 to the first, second, and third series of the Restatement of the Law of Trusts.
        • For case citations from July 1986 through June 2013, see the Appendix volume to the third series of the Restatement of the Law of Trusts.

Restatement of the Law, Trusts

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Trusts > Restatement of the Law, Trusts
        • Annotations are found in the 2015 Cumulative Annual Pocket Part and Case Citations files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after the 2015 Cumulative Annual Pocket Part.
        • The 2015 Cumulative Annual Pocket Part includes case citations from July 2013 through June 2014 to the first, second, and third series of the Restatement of the Law of Trusts.
        • For case citations through June 1986, see the Appendix volumes to the second series of the Restatement of the Law of Trusts.
        • For case citations from July 1986 through June 2013, see the Appendix volume to the third series of the Restatement of the Law of Trusts.

Onsite Westlaw

Westlaw, available on the library's Westlaw computers, includes annotations to the Restatements of the Law. Case annotations follow the text of the Restatement section. Westlaw indicates the currency of these annotations in the update information found above the Restatement section. In addition, KeyCiting the Restatement section by using the Citing References tab may lead to additional case citations as well as other types of documents. When applicable, these may include trial court orders, administrative decisions and guidance, other secondary sources, appellate court documents, trial court documents, and more.

        • Once in Westlaw, from the Content types tab, select Secondary Sources > Restatements & Principles of the Law > Restatement of the Law - Trusts

Print

In print, case annotations to the Restatements can be found in the annual pocket parts located in the back inside "pocket" of each volume. Depending on the date of pocket part, additional case citations may be available in the most recent Interim Case Citations to the Restatements of the Law. When the annotations become extensive, they may also be found in softbound cumulative supplements or hardbound Appendix volumes.

Restatement of the Law, Third, Trusts
(KF730 A522 2003)

        • The cumulative supplement includes case citations beginning with July 2013 to the first, second, and third series of the Restatement of the Law of Trusts.
        • The Appendix volume includes case citations from July 1986 through June 2013 to the first, second, and third series of the Restatement of the Law of Trusts.
        • To find case citations to Restatement, Third, Trusts: Prudent Investor Rule, use the Parallel Tables to find the corresponding section numbers between series of Restatements.

Restatement of the Law, Third, Trusts: Prudent Investor Rule
(KF730 A520 1992)

        • For all case citations to Restatement, Third, Trusts: Prudent Investor Rule, see the Appendix and cumulative supplement to Restatement of the Law, Third, Trusts. Use the Parallel Tables to find the corresponding section numbers between series of Restatements.

Restatement of the Law, Second, Trusts 2d
(KF730 A512 1959)

        • The Appendix volumes include case citations through June 1986 for the first and second series of the Restatement of the Law of Trusts.
        • For case citations from July 1986 through June 2013, see the Appendix volume to the third series of the Restatement of the Law of Trusts.
        • For case citations beginning with July 2013, see the cumulative supplement to the third series of the Restatement of the Law of Trusts.

Restatement of the Law of Trusts
(KF730 A507 1935)

        • For case citations through June 1986, see the Appendix volumes to the second series of the Restatement of the Law of Trusts.
        • For case citations from July 1986 through June 2013, see the Appendix volume to the third series of the Restatement of the Law of Trusts.
        • For case citations beginning with July 2013, see the cumulative supplement to the third series of the Restatement of the Law of Trusts.

State Annotations (through 1938)

Subsequent to the publication of the first series of the Restatements, local bar associations, with the support of the American Law Institute, compiled State Annotations that demonstrated the relationship between the first series of the Restatements and the local law as it was at the time of publication of the Restatement subject.

Jenkins' print collection includes the Pennsylvania Annotations for all of the first series of the Restatements. Online access to the Pennsylvania Annotations, as well as other state annotations, is available on HeinOnline.

Restatement of the Law of Trusts, Pennsylvania Annotations

        • Includes Pennsylvania case citations up to and including vol. 330 (March 1938 - June 1938) of the Pennsylvania Supreme Court Reports, vol. 130 (January 1938 - April 1938) of the Pennsylvania Superior Court Reports, and vol. 30 (July 1937 - December 1937) of the District and County Reports.
        • Available on HeinOnline (Volume 1 & Volume 2). Also available in print.