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Results: 1-10 of 59

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


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


In Re: James Craig Guetersloh, 2010 Tex. App. LEXIS 8730 (November 1, 2010)
  • McGuireWoods LLP
  • USA
  • May 13 2011

James Craig Guetersloh, who was not a lawyer, applied for writ of mandamus after a trial court refused to schedule a hearing on his motion to transfer venue of a suit he filed pro se to terminate a trust, in both his individual capacity and in his capacity as trustee of a trust


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


Phyllis Sigal Carlin v. Leslie Javorek, Fla. App. LEXIS 10339 (July 14, 2010)
  • McGuireWoods LLP
  • USA
  • May 3 2011

Phyllis Carlin, as executor of her mother’s estate, was involved in a probate dispute with her sister, Leslie Javorek, over the distribution of estate assets and disclosure of their mother’s medical records


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


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


Boyar v. Dixon, 2011 Il App (1st) 111013u (December 8, 2011)
  • McGuireWoods LLP
  • USA
  • January 11 2012

The Illinois Court of Appeals affirmed the application of the doctrine of election as a bar to beneficiary’s contest to trust amendment, where the trust operated in the same manner as a will and the beneficiary took, and refused to return, tangible personal property belonging to the trust


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


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