Articles Posted in North Carolina Supreme Court

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The Supreme Court reversed the decision of the court of appeals reversing an order entered by the superior court removing a guardian of an estate and trustee under a special needs trust for breach of fiduciary duty. Mark Skinner was appointed as the guardian of the estate of Cathleen Bass Skinner. Mr. Skinner then executed the Cathleen Bass Skinner Special Needs Trust. Thereafter, the Assistant Clerk of Superior Court removed Mr. Skinner as trustee under the Special Needs Trust and as guardian of Ms. Skinner’s estate. The superior court affirmed. The Court of Appeals reversed. The Supreme Court reversed, holding that the Assistant Clerk did not err in determining that Mr. Skinner exceeded the scope of the discretion available to him to such an extent that grounds for his removal as the guardian of Ms. Skinner’s person and as trustee under the Special Needs Trust existed under N.C. Gen. Stat. 35A-1290 and 36C-7-706(b) and that these breaches of fiduciary duty justified his removal. View "In re Estate of Skinner" on Justia Law

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Janice Willis executed a general warranty deed reserving a life estate in her home for herself and conveying the remainder to her Eddie in fee simple. While Janice was still alive, Eddie died, and his interest passed to his children. Janice subsequently sought reformation of the deed based on unilateral mistake of the grantor in the absence of fraud. The trial judge granted a directed verdict for Defendants. The court of appeals affirmed. The Supreme Court modified and affirmed the decision of the court of appeals, holding that, under Crawford v. Willoughby and its progeny, reformation of a deed was unavailable as a remedy in this case. View "Willis v. Willis" on Justia Law