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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


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


Shepard v. Barrell, 2010 Mass. App. Unpub. LEXIS 1146 (October 22, 2010)
  • McGuireWoods LLP
  • USA
  • June 15 2011

Between 1923 and 1931, William and Annie Barrell created six trusts for the benefit of their descendants and funded the trusts with stock in their manufacturing company, the Adams Innersole Company


In the Matter of Trust for Grandchildren of Wilbert L. and Genevieve W. Gore, 2010Del. Ch. LEXIS 188 (September 1, 2010)
  • McGuireWoods LLP
  • USA
  • May 3 2011

In 1972, Wilbert and Genevieve Gore established the Pokeberry Trust for the benefit of their grandchildren


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


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


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


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


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


Giraldin v. Giraldin, 2011 Cal. App. Lexis 1222 (September 26, 2011).
  • McGuireWoods LLP
  • USA
  • January 11 2012

The California Court of Appeals applied the well-established principle that a trustee of a revocable trust only owes duties to the settlor so long as the settlor is living and competent, and as a result reverses a $5 million surcharge award against the trustee who facilitated the settlor’s $4 million dollar investment in the trustee’s failed company