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Results: 1-10 of 58

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

  • McGuireWoods LLP
  • -
  • USA
  • -
  • 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

James Munn v. Michael D. Briggs et al., 2010 Cal. App. LEXIS 860 (June 10, 2010)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • May 5 2011

In 1983, Janell Munn executed a will exercising a testamentary power of appointment over a trust created by her late husband

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

  • McGuireWoods LLP
  • -
  • USA
  • -
  • 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

In the Matter of the Accounting by Frieda Tydings, As Trustee of the Ricki Singer Grantor Trust, 2011 NY Slip Op 51177U (Bronx County Surrogate’s Court, June 28, 2011)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • March 21 2012

Surcharge of individual trustee for making interest-free loans to family members and giving trust profits to family-owned business in which trustee held an interest

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

  • McGuireWoods LLP
  • -
  • USA
  • -
  • March 21 2012

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

Suzanne C. Radford v. Melinda Shehorn, 2010 Cal. App. LEXIS 1455 (August 19, 2010)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • May 3 2011

Suzanne Radford and Melinda Shehorn were beneficiaries of a trust established by their parents, who died leaving Melinda as sole trustee

Claude Arnall v. Dawn Arnall, 2011 Cal. App. Unpub. LEXIS 366 (January 19, 2011)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • May 5 2011

Roland Arnall died on March 17, 2008, leaving a trust with his wife, Dawn, as trustee

John Fitzgerald Kennedy v. the Trustees of the Testamentary Trust of the Last Will and Testament of President John F. Kennedy, 2010 U.S. App. LEXIS 22573 (October 28, 2010)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • May 13 2011

Plaintiff, John Fitzgerald Kennedy, the claimed illegitimate son of Marilyn Monroe and President John F. Kennedy, filed a claim in district court (1) seeking an order compelling the trustees of the testamentary trusts under the will of President John F. Kennedy to pay him funds from the late president’s testamentary trust upon proof of his claim to being the son of the late president and (2) alleging breach of fiduciary duty for failure to investigate his claims

In Re: James Craig Guetersloh, 2010 Tex. App. LEXIS 8730 (November 1, 2010)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • May 13 2011

James Craig Guetersloh, who was not a lawyer, applied for writ of mandamus after a trial court refused to schedule a hearing on his motion to transfer venue of a suit he filed pro se to terminate a trust, in both his individual capacity and in his capacity as trustee of a trust

Kristofer Kastner v. InTrust Bank, 2010 U.S. Dist. LEXIS 120927 (November 15, 2010)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • May 3 2011

On June 5, 1996, Jessie I. Brooks executed a trust, with InTrust Bank as trustee, for the lifetime benefit of her daughter, Nola, with the remainder of the assets distributable to her grandchild Kristofer