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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


Kummer v. Donak, 282 Va. 301 (2011)
  • McGuireWoods LLP
  • USA
  • April 26 2012

Justine Critzer died intestate in 2006


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


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


Hood v. Todd
  • McGuireWoods LLP
  • USA
  • June 9 2011

John Buffington died with a will leaving the residue of his estate to separate trusts for each of his living children or the issue of deceased children


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


Sellman v. FloranceGordonBrown, P.C., 82 Va. Cir. 59 (Va. Cir. Ct. 2010)
  • McGuireWoods LLP
  • USA
  • April 26 2012

Certain investors invested money with Donald Lacey and business entities owned by Donald Lacey in what turned out to be a Ponzi scheme


Carlyle Investment Management LLC et al. v. Carlyle Capital Corporation Limited, 2011 U.S. Dist. Lexis 85710 (Delaware, August 4, 2011)
  • McGuireWoods LLP
  • USA
  • 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
  • USA
  • March 21 2012

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


In Re Estate of Dorsey W. Rohrbaugh, 80 Va. Cir. 253 (Fairfax Circuit Court, March 31, 2010)
  • McGuireWoods LLP
  • USA
  • May 5 2011

Dorsey and Geanie Rohrbaugh were married in 1974