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

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.

Dana G. Fitzsimons Jr

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

USA - March 21 2012 Trust assets not subject to arbitration award where award is not against co-trustees.

Michael H. Barker, Adam M. Damerow, Dana G. Fitzsimons Jr, Justin F. Trent

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

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.

Dana G. Fitzsimons Jr

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

USA - May 5 2011 Roland Arnall died on March 17, 2008, leaving a trust with his wife, Dawn, as trustee.

Dana G. Fitzsimons Jr

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

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.

Dana G. Fitzsimons Jr