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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


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


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 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


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


Glory Kaufman v. JP Morgan Chase Bank, 2010 Cal. App. Unpub. LEXIS 8559 (October 28, 2010)
  • McGuireWoods LLP
  • USA
  • May 5 2011

In March of 2009, Glory Kaufman, as beneficiary of the Donald B. Kaufman Revocable Trust, filed two applications under California Probate Code section 21320 for a determination that proposed petitions to remove and surcharge the trustee would not violate the trust’s no-contest provision


In re Rstate of Brantman v. Brantman et al., 2011 Ill. App. Unpub. Lexis 3013 (December 2, 2011)
  • McGuireWoods LLP
  • USA
  • January 11 2012

The Illinois Court of Appeals blocked an attempt by a charitable trust beneficiary to bring claims to recover improper distributions to family members made by a former trustee, where the distributions to family members were made in breach of the former trustee’s fiduciary duties and while failing to make specific distributions to numerous charities


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


Reid v. In re Estate of Sonder, 2011 Fla. App. LEXIS 4035 (March 23, 2011)
  • McGuireWoods LLP
  • USA
  • June 15 2011

On May 17, 2000, Edgar Sonder created a trust with himself as trustee, and later amended the trust to name Cecelia Reid, his nurse, as successor trustee