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In re Loraine Boley Ingersoll Trust

The D.C. Court of Appeals affirmed in part and reversed in part decisions of the D.C. Superior Court in consolidated cases involving a trust established by Loraine Boley Ingersoll prior to her death, a family foundation created under that trust, and a lawsuit filed by the decedent's daughter against the decedent's sons and the District of Columbia. Also at issue in the appeal were challenges brought by the sons to several actions of the trial court. In addition, the District of Columbia appealed the trial court's judgment as it related to a charitable family foundation created and funded out of assets from the estate at issue. The appeals court found that certain trial court's findings were not supported by the record and were clearly erroneous. It also found that certain of the trial court's conclusions, "which may be traceable to the absence of relevant case law in this jurisdiction," rested on a misconception of applicable legal principles.

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Argued September 26, 2006

Before RUIZ, REID and FISHER, Associate Judges.

These consolidated cases primarily involve a trust established by Loraine Boley Ingersoll prior to her death, a family foundation created under that trust, and a lawsuit filed by her daughter, appellee, Barbara J. Ingersoll, against her brothers, appellants, William B. Ingersoll, Henry G. Ingersoll, and Joseph W. Ingersoll, as well as against appellant, the District of Columbia. The Ingersoll brothers challenge several findings and conclusions of the trial court, dated December 9, 2004, including those relating to William’s alleged undue influence over his mother, his alleged tortious interference with Barbara’s inheritance of residential property, and his mother’s testamentary intent; they also contest aspects of the trial court’s judgment of February 25, 2005 (Appeal No. 05-PR-337). Furthermore, the Ingersoll brothers appeal trial court orders, dated May 4, 2005 and mailed on July 8, 2005, denying motions pertaining to their counterclaim which sought to restore to their mother’s estate certain proceeds — mainly from a mutual funds account and a bank account (Appeal No. 05-PR-756). The District’s appeal involves the trial court’s judgment of February 25, 2005, as it related to a charitable family foundation created and funded out of assets from Mrs. Ingersoll’s estate (Appeal No. 05-PR-263).

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