Justia Trusts & Estates Opinion Summaries

Articles Posted in Supreme Court of Appeals of West Virginia
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Plaintiffs, Murl Tribble and Janet Sargent, and Defendant, Polly Pickens, were three adult sisters involved in a dispute over the Estate of their deceased mother. Plaintiffs alleged (1) beginning at the time of their father’s death, Defendant engaged in a scheme to convert their mother’s property to her own use, to the prejudice of the Estate and Plaintiffs as beneficiaries; and (2) Defendant attempted to deal her scheme by not disclosing non-probate assets while acting as executrix of their mother’s estate. The jury awarded Plaintiffs damages in the amount of $94,124, which the circuit court directed to be paid into the Estate. Defendant filed a motion for a new trial, which the circuit court denied. The Supreme Court affirmed the denial of Defendant’s motion for a new trial, holding (1) Defendant’s argument that the Supreme Court should dismiss this action as untimely was without merit; (2) the circuit court did not err in entering judgment as a matter of law to the effect that a fiduciary relationship existed between Defendant and her mother; and (3) Plaintiffs established a sufficient factual basis for their claims of breach of fiduciary duty, tortious interference with Plaintiffs’ expectancy, conversion, constructive fraud, and actual fraud to go to the jury. View "Pickens v. Tribble" on Justia Law