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In re: Alexander McFadden Testamentary Trust and George McFadden Testamentary Trust, 2011 Phila. Ct. Com. Pl. Lexis 320 (November 9, 2011)

McGuireWoods LLP
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USA
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March 21 2012

Trustees found not liable for investment losses during market collapse, but removed for withholding distributions, disclosing private information and failing to appoint required third trustee

Recent cases of interest to fiduciaries: Part 7 Trustee liability for investment losses (Part two)

McGuireWoods LLP
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USA
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October 18 2011

Patricia Gallagher is the settlor and a beneficiary of a charitable remainder trust created on June 8, 2001, with Keybank as trustee

Scanlan v. Eisenberg, et al., 2012 U.S. App. Lexis 1112 (January 20, 2012)

McGuireWoods LLP
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USA
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March 21 2012

Seventh Circuit reverses district court decision that discretionary beneficiary lacked standing to bring surcharge claim for $200 million in investment losses from investment concentration

Patterson v. Patterson, 2011 Utah Lexis 148 (November 1, 2011)

McGuireWoods LLP
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USA
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January 11 2012

The Utah Supreme Court reverses the trial court’s application of a common law limitation on amendment of trusts, and affirms a trust amendment by application of the Uniform Trust Code even though the issue was not properly raised in the trial court

Derringer v. Emerson, 435 Fed. Appx. 4 (D.C. Cir. 2011)

McGuireWoods LLP
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USA
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April 26 2012

Richard Solem created a revocable trust for the benefit, after his death, of his daughters and a charitable foundation

Carlyle Investment Management LLC et al. v. Carlyle Capital Corporation Limited, 2011 U.S. Dist. Lexis 85710 (Delaware, August 4, 2011)

McGuireWoods LLP
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USA
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March 21 2012

Forum selection clause in an investment management agreement is valid and enforceable

Portico Management Group, LLC v. Harrison, 202 Cal. App. 4th 464 (Cal. App. 3d Dist. 2011).

McGuireWoods LLP
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USA
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March 21 2012

Trust assets not subject to arbitration award where award is not against co-trustees

Ott v. Monroe, 282 Va. 403 (2011)

McGuireWoods LLP
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USA
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April 26 2012

Admiral Dewey Monroe, Jr. and his wife Lou Ann Monroe created a limited liability company in which they each owned membership interests, with Lou Ann as the managing member of the LLC

Hobbs et al. v. Legg Mason Investment Counsel & Trust Co., 2011 U.S. Dist. Lexis 999 (N.D. Mississippi, January 5, 2011); Hobbs et al. v. Legg Mason Investment Counsel & Trust Co., 2011 U.S. Dist. Lexis 7168 (January 25, 2011)

McGuireWoods LLP
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USA
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March 21 2012

Court refuses to dismiss claim that trustee was negligent in failing to inform beneficiaries about GST taxes owed on trust distributions, but dismissed claims that trustee had a duty to modify the trust to avoid the taxes

Recent cases of interest to fiduciaries: Part 6 trustee liability for investment losses (part one)

McGuireWoods LLP
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USA
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October 18 2011

Gloria Figel established a trust for the benefit of her son, Terry, and grandson, Spencer, with Wells Fargo Bank, N.A. as trustee

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