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51 results for '* topic:"Trusts and Estates"' You can use Search Constraints to get even better search results
Publication Date: 2023-06-06
Practice Area: Trusts and Estates
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Gerald I. Street, Street & Ellis, P.A., Dover, DE for petitioner.
for defendant: Deirdre A. McCartney, Sergovic Carmean Weidman Mccartney & Owens, PA, Georgetown, DE for respondent. Cynthia L. Maxwell Masters, respondent pro se. Diane Elaine Maxwell Tori, respondent pro se. Beverly Anne Maxwell Miller, respondent pro se.
Case Number: 2022-0614-SG
Slayer Statute did not prohibit heirs through the lineage of the slayer from inheriting from the slayer's issue's estate, since the murder had no effect on the heirs' eligibility to inherit through the intestacy statute.
Publication Date: 2023-05-09
Practice Area: Trusts and Estates
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Sean J. Bellew, Bellew LLC, Wilmington, DE for plaintiff.
for defendant: Kenneth J. Nachbar, Lauren K. Neal, Michael J. Slobom, Jr., Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for defendants.
Case Number: 2020-0762-SG
Court enforced memorandum of settlement as parties' settlement agreement where it contained all material terms to resolve the parties' dispute and any remaining terms for a final settlement agreement were ancillary or non-material.
Publication Date: 2022-12-27
Practice Area: Trusts and Estates
Industry: Financial Services and Banking
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Paul D. Brown, Elliott Covert, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; David Z. Ribakoff, Ribakoff Law Firm, Los Angeles, CA for plaintiff.
for defendant: Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; John M. McIntyre, Porter Wright Morris & Arthur LLP, Pittsburgh,PA for defendant.
Case Number: 2021-1034-MTZ
The court denied defendant trustee's motion to dismiss breach of fiduciary duty and trust claims.
Publication Date: 2022-12-06
Practice Area: Trusts and Estates
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Jeremy D. Anderson, Fish & Richardson P.C., Wilmington, DE for plaintiff.
for defendant: Steven L. Caponi, K&L Gates, LLP, Wilmington, DE; Dieter Walter Neupert, defendant pro se for defendants.
Case Number: 2017-0290-JTL
Request for international assistance granted to obtain attorney documents seized by international law enforcement authorities where attorney had failed to participate in the proceedings and plaintiff had no other means of obtaining the information and documents.
Publication Date: 2022-09-20
Practice Area: Trusts and Estates
Industry: Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Montgomery-Reeves
Attorneys: For plaintiff: Sidney S. Liebesman, Beth B. Miller, Kasey H. DeSantis, Fox Rothschild LLP, Wilmington, DE for appellants.
for defendant: Andrea S. Brooks, Wilks Law, LLC, Wilmington, DE for appellee.
Case Number: 288, 2021
Distributions from statutory trust constituted the personal property of the holder of the beneficial interest and could therefore be subject to garnishment by the beneficiary's creditors.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2022-08-30
Practice Area: Trusts and Estates
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: David E. Ross, Eric D. Selden, A. Gage Whirley, Ross Aronstam & Moritz, LLP, Wilmington, DE; John F. Hartmann, P.C., Ravi Subramanian Shankar, Kirkland & Ellis LLP, Chicago, IL for plaintiffs.
for defendant: Stephen C. Norman, Ellis H. Huff, Potter Anderson & Corroon LLP, Wilmington, DE; Norman M. Powell, Emily V. Burton, Lauren Dunkle Fortunato, Michael E. Neminski, Nehama L. Hanoch, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Brett M. McCartney, Elizabeth A. Powers, Sarah T. Andrade, Bayard, P.A., Wilmington, DE; Michael K. Hurst, Sara H. Chelette, Lynn Pinker Hurst & Schwegmann, Dallas, TX for defendants.
Case Number: D69936
Sophisticated transactional arrangement did not list plaintiffs as beneficiaries or holders of beneficial interest in certain exchange trusts, therefore causing plaintiffs to lack standing to seek removal of the trust advisor of the exchange trusts.
Publication Date: 2022-03-22
Practice Area: Trusts and Estates
Industry: Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: James S. Green, Jr., Jared T. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiffs Edward F. Brovelli, Jr., individually, and as trustee of The Brovelli Family Trust 2A and defendant USA Carrington Park 20, LLC.
for defendant: Gregory F. Fischer, Cozen O’Connor, Wilmington, DE; John J. Sullivan, Cozen O’Connor, New York, NY, for defendants Independence Realty Operating Partnership, LP, Independence Realty Trust, Inc., Independence Realty Advisors, LLC, IRT Carrington Apartments Owner, LLC and plaintiffs Independent Realty Trust, Inc., and Independence Realty Operating Partnership, LP.
Case Number: D69751
The court held the trust had standing to sue defendants because defendant Carrington had transferred its right to sue to the trust, that Brovelli as an individual did not have standing to sue because he was not a party to any of the subject contracts, that defendants who were not parties to the subject contracts should be dismissed, and that whether damages were direct or consequential had issues of fact and were not appropriate for a motion to dismiss.
Publication Date: 2022-03-22
Practice Area: Trusts and Estates
Industry: Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: D69750
The court found that plaintiff waived fiduciary claims about certain investments through a direct statement of waiver, the issue of whether excess fees was allowed by the trust agreement was time-barred, plaintiff failed to state a claim for proximate cause regarding whether defendant should have provided tax planning to plaintiff, former trustee was allowed by the trust agreement to act as both trustee and advisor, and the exculpation clause prohibited the equitable fraud claim.
Publication Date: 2021-12-14
Practice Area: Trusts and Estates
Industry:
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys: For plaintiff: Luke W. Mette, Jonathan M. Stemerman, Armstrong Teasdale LLP, Wilmington,DE; John A. Sten, Jason C. Moreau, Allison McFar-land, Armstrong Teasdale LLP, Boston, MA for petitioner.
for defendant: Henry E. Gallagher, Jr., Gregory J. Weinig, Shaun M. Kelly, Jarrett W. Horowitz, Connolly Gallagher LLP, Wilmington, DE; Lazar P. Raynal, Michael A. Lombardo, Quinn Emanuel Urquhart & Sullivan, LLP, Chicago, IL, for respondents.
Case Number: D69640
The court held that petitioner succeeded in stating a claim for reformation of trust agreement based on both mistake and knowing silence on the part of petitioner's brother. Motion to dismiss these claims denied. However, petitioner failed to state a claim for removal of fiduciary and for an accounting. Motion to dismiss these claims granted.
Publication Date: 2021-09-29
Practice Area: Trusts and Estates
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Charles J. Durante, Scott E. Swenson, Shaun Michael Kelly, Connolly Gallagher LLP, Wilmington, DE for petitioner.
for defendant: Jason C. Powell, Thomas J. Reichert, The Powell Firm, LLC, Wilmington, DE for respondents.
Case Number: D69550
The law of decedent's domicile applied with respect to the proceeds of her two individual insurance policies, but Delaware law applied to a group policy.
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