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Wells Fargo Bank, N.A. v. Estate of Ruth Elaine Mansfield, 281 Neb. 693 (2011)

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.

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

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

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.

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

Beaudoin v. Davidson Trust Company, 2011 Idaho Lexis 138 (November 1, 2011)

USA - January 11 2012 The Idaho Supreme Court upheld dismissal of claims against a corporate trustee due to a lack of any fiduciary relationship owed to a contingent beneficiary after the interests of the actual beneficiaries had vested.

Dana G. Fitzsimons Jr

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

Bowen v. Bowen, 2011 Utah App. Lexis 347 (October 14, 2011)

USA - January 11 2012 The Utah Court of Appeals affirms the trial court’s invalidation of a trust amendment where the amendment did not comply with the trust terms for a valid amendment.

Dana G. Fitzsimons Jr