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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


John H. Meeks, Trustee v. Successor Trustee of the trusts under the will of Michael Holliday, 2010 Tenn. App. LEXIS 554 (July 28, 2010)
  • McGuireWoods LLP
  • USA
  • May 3 2011

Michael Edward Holliday died on August 31, 2001 leaving a will that established a credit shelter trust and a martial trust for the benefit of his wife and children


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


Schafer v. Astrue, 641 F.3d 49 (4th Cir. N.C. 2011)
  • McGuireWoods LLP
  • USA
  • April 26 2012

Shortly after his marriage in 1992, Don Schafer was diagnosed with cancer


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


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


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


Deirdre Foster v. Winifred Foster, 2010 Ark. App. LEXIS 629 (September 15, 2010)
  • McGuireWoods LLP
  • USA
  • May 5 2011

Winifred Foster filed a “pre-death will contest” action during her lifetime to declare the validity of her will and her living trust dated June 26, 2007


Christopher Gene Fazzi v. Norma Jean Klein, 2010 Cal. App. LEXIS 2112 (December 14, 2010)
  • McGuireWoods LLP
  • USA
  • May 5 2011

On January 29, 1987, Norma Jean Klein and her husband, Lloyd, created a joint revocable trust called the Klein Family Trust, and executed pour over wills


Wells Fargo Bank, N.A. v. Estate of Ruth Elaine Mansfield, 281 Neb. 693 (2011)
  • McGuireWoods LLP
  • USA
  • March 21 2012

Trustee did not abuse its discretion by decision to not pay expenses of beneficiary’s final illness where estate assets sufficient