Justia Trusts & Estates Opinion Summaries

Jessica Norton Jordan appealed a declaratory ruling that she was not entitled to a share of her adoptive father’s estate under Mississippi’s pretermitted heir statute. A certified copy of the trial court’s docket indicated that Jordan was still involved in the probate matter. Further, the declaratory judgment did not contain a Rule 54(b) certification or equivalent language. Because the order denying pretermitted heir status was not a final, appealable judgment, the appeal was dismissed. View "Jordan v. Booth" on Justia Law

Margaret Oakland appealed a district court order that granted summary judgment in favor of Bonnie Bowman, and Evan and Dayna Del Val. Oakland argued on appeal that her claim was not time-barred and equitable tolling should have applied. The Supreme Court affirmed, concluding that the district court did not err in determining that Oakland's claim was brought after the statute of limitations expired and that equitable tolling did not apply. View "Oakland v. Bowman" on Justia Law

Petitions regarding several Peires family Trusts all requested that the Court of Chancery: (1) approve the resignation of the current trustees; (2) confirm the appointment of Northern Trust Company as the sole trustee; (3) determine that Delaware law governed the administration of each Trust; (4) confirm Delaware as the situs for each Trust; (5) reform the trusts' administrative scheme; and (6) accept jurisdiction over the Trusts. The Peierls' Petitions stemmed from their general frustration with Bank of America's lack of communication and responsiveness regarding the handling of Trust assets. Accompanying the Petitions were resignations of the Trusts' current trustees, all expressly conditioned upon approval by the Court of Chancery. The appointment of a new corporate trustee is also expressly conditioned upon approval by the Court of Chancery. In case number 11,2013, the Supreme Court upheld the Vice Chancellor's decision not to address the Petition in so far as it related to the 1960 Trusts, because New Jersey retained primary supervision over those Trusts. The Court held that the Vice Chancellor erred in determining that he could not exercise jurisdiction over the 1969 Trusts and address the Petition's merits. In case 12,2013: The Supreme Court concluded the Vice Chancellor properly concluded that no actual controversy existed relating to the approval of trustee resignations, the appointment of a new corporate trustee, the confirmation of Delaware as the situs, or the declaration that Delaware law governed the administration of the Trust at issue. Furthermore, the Court concluded the Vice Chancellor properly denied the requests to reform the Trust Agreement, and to retain jurisdiction over the Trust. In case 13,2013: because the Trusts were not then-currently being administered in Delaware, there was no basis to conclude that Delaware law would apply to the Trusts' administration. Therefore, whether the Court of Chancery could properly reform the Trust Instruments was a matter governed by the laws of the Trusts' administration. In this case, the laws were of Texas for the 1953 Trusts and New York law for the 1957 and 1975 Trusts. Because the Vice Chancellor properly concluded that he was "not in a position to address the requests for reformation," the Supreme Court affirmed the Vice Chancellor's decision to refrain granting reformation relief. View "Matter of: Ethel F. Peierls Charitable Lead Unitrust" on Justia Law

Toma E. Smith, as personal representative of the estate of Tiffani P. Smith, appeals the grant of a summary judgment in favor of Dr. James Fleming, and a judgment entered in favor of Dr. Winfield S. Fisher III and the University of Alabama Foundation on her wrongful death claims. Dr. Fisher and the Foundation cross-appealed, arguing that the action should have been dismissed as being void ab initio. Based on the trial court record, the Supreme Court concluded the trial court did not err in entering a summary judgment in favor of Dr. Fleming. The Court concluded the trial court did not err in its judgment in favor of Dr. Fisher and the Foundation. View "Smith v. Winfield" on Justia Law

Thain Cashmore, individually, as personal representative of the estate of Robert Cashmore, and as trustee of the Robert Cashmore Trust, and Bourck Cashmore, individually and as trustee of the Robert Cashmore Trust, appealed an order that held the personal representative in contempt of court and an order denying the personal representative's N.D.R.Civ.P. 60(b) motion to vacate the contempt order. In 2009, the personal representative moved to approve an "amended" final report and account and proposed distribution which differed significantly from the judgment approving the original final report entered the previous month. The amended final report purported to show estate assets had brought in less money than anticipated in the original final report. The amended final report also requested $2,502.13 in additional personal representative fees, $9,965.20 in additional attorney fees, and $8,000 in additional fees to close the estate. As a result, the amended final report showed the estate with a zero balance instead of the $72,598.56 listed in the original final report, and the estate therefore claimed it would be unable to pay Trudy Cashmore the $6,377.83 approved in the original final report. Undeterred by the Supreme Court's affirmance of the district court's final judgment ordering Trudy Cashmore be paid $6,377.83 within ten days, the personal representative did not pay her. Because the district court did not abuse its discretion in finding the personal representative in contempt or in denying the motion to vacate, the Supreme Court affirmed. View "Estate of Cashmore" on Justia Law

In July 2009, attorney Claude Convisser filed a petition to initiate a Santa Fe County grand jury proceeding. Convisser's petition sought an investigation of a "suspicion of criminal fraud" in connection with the activities of "[Jeffrey] Harbour and his cohorts" in obtaining a will from Frances Harwood shortly before her death in 2003 that gave Harbour control of Harwood's two nonprofit organizations, EcoVersity and Prajna Foundation. Convisser sought to compel a grand jury investigation through a citizens' petition after the New Mexico Attorney General and the Santa Fe District Attorney separately declined his requests to pursue the matter. When Convisser filed his grand jury petition in district court, he included the affidavit of the Santa Fe County Clerk, whom he asked to verify that his petition signatories were Santa Fe County registered voters. In her affidavit, the County Clerk stated (1) that Convisser needed the signatures of 1770 registered voters in order to meet the constitutional requirement; (2) that the names of 68% were the same as names of people who appeared on Santa Fe County's voter registration rolls; (3) the Clerk could not verify that any of the petition's signatories were actually registered voters, because the petition failed to include the signatories' addresses. The district court ultimately rejected the petition, and Convisser appealed. Upon review, the Supreme Court concluded that the district court did not abuse its discretion in this case by rejecting the grand jury petition whose signatories were not confirmed to be registered voters. View "Convisser v. Ecoversity" on Justia Law

In dispute in this case was whether Plaintiffs were entitled to attorneys' fees and costs in litigating the underlying case. In the underlying case, Plaintiffs sued the Department of Hawaiian Home Lands (DHHL) and the State, arguing that the State violated its constitutional duty to sufficiently fund DHHS in order to rehabilitate native Hawaiian beneficiaries and that the DHHL breached its obligations to the beneficiaries of trust lands for several reasons. The first issue in the instant case was the extent to which Plaintiffs "prevailed" in the underlying case. The Supreme Court denied Plaintiffs' request for attorneys' fees and costs, holding (1) Plaintiffs prevailed on appeal; (2) Plaintiffs arguably established an entitlement to attorneys' fees under the private attorney general doctrine; but (3) Plaintiffs' request for appellate attorneys' fees was barred by the State's sovereign immunity. View "Nelson v. Hawaiian Homes Comm'n" on Justia Law

This case stemmed from disputes over the estate of the late Texas oil magnate and billionaire J. Howard Marshall. J. Howard died in 1995, leaving nearly all his assets to his son, Pierce, but excluding his wife, Anna Nicole Smith (Vickie), and his other son, Howard, from receiving any part of his fortune. Howard and his Wife eventually filed for Chapter 11 bankruptcy and their case was assigned to Judge Bufford, who had previously presided over Vickie's Chapter 11 bankruptcy case. Judge Bufford published three separate opinions: (1) denying Pierce's motion for reassignment or recusal; (2) confirming the Plan and denying Pierce's motion to dismiss with respect to his constitutional arguments; and (3) confirming the Plan and denying Pierce's motion to dismiss with respect to his statutory arguments. Elaine, Pierce's widow, now appeals the district court's decision, contending that the district court erred in affirming the bankruptcy court's orders. The court addressed the various issues on appeal related to the motion for recusal or reassignment, constitutional issues, and non-constitutional issues, and ultimately affirmed the district court's decision. View "In the Matter of: Marshall" on Justia Law

In 1997, the Bellevale Respondents sold an agricultural preservation easement on their dairy farm, Bellevale Farms, to a state agency (MALPF). Twelve years later, Bellevale asked MALPF to permit it to construct a creamery operation on the farm under the terms of the easement. MALPF approved the proposal, despite challenges from owners of real property adjacent to Bellevale Farms and a community association (collectively Petitioners). Petitioners filed this action against Bellevale Farms, MALPF, and others (collectively Respondents), seeking a declaration that the creamery violated the easement and an order prohibiting the construction of the creamery. The circuit court dismissed the action, concluding that Petitioners lacked standing to enforce the easement. Petitioners appealed, arguing that the easement constituted a charitable trust, and therefore, they possessed standing as "interested persons" under Md. Code Ann. Est. & Trusts 14-302(a). The Court of Appeals affirmed, holding (1) the instrument creating the easement and the statutory scheme of the MALPF program through which the easement was purchased did not indicate that Respondents intended to or created a charitable trust with a charitable purpose; and (2) therefore, Petitioners did not have standing under 14-302(a) to maintain a cause of action to enforce the easement. View "Long Green Valley Ass'n v. Bellevale Farms, Inc." on Justia Law

USA Water Ski, Inc. sought a writ of mandamus to direct the trial court to vacate its discovery order compelling the production of a report that it deemed privileged under the work-product doctrine. Finding that USA Water Ski adequately explained that it's hired expert's post-incident report was prepared because of prospective litigation, the Supreme Court found USA Water Ski had shown the trial court exceeded its discretion in ordering production of the report. Accordingly the Court granted the petition and issued the writ. View "Ewing v. USA Water Ski, Inc." on Justia Law