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  • Wilmington Trust Co. v. Mills

    Publication Date: 2021-07-14
    Practice Area: Trusts and Estates
    Industry: Non-Profit
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Vincent C. Thomas, Kevin A. Guerke, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for petition-er.
    for defendant: P. Clarkson Collins, Jr., James J. Gallagher, Bryan Townsend, Morris James LLP, Wilmington, DE for re-spondent Mills. Matthew P. D’Emilio, Joseph L. Christensen, Kerry M. Porter, McCollom D’Emilio Smith Uebler LLC, Wilmington, DE for James B. Wyeth, executor of the Estate of Phyllis Mills Wyeth. W. Donald Sparks, II, Chad M. Shandler, Christine D. Haynes, Richards, Layton & Finger, P.A., Wilmington, DE for The Wyeth Foundation.
    Case Number: D69469

    A trust agreement did not authorize the holder of a power of appointment to exercise it in favor of a chari-table organization, so the court invalidated the appointment.

  • Rogers v. Wilmington Trust Co.

    Publication Date: 2021-03-10
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: David A. Felice, Bailey & Glasser, LLP, Wilmington, DE; T. Randolph Catanese, Doug R. Hume, David Y. Yoshida, Catanese & Wells, Westlake Village, CA for plaintiff.
    for defendant: Benjamin P. Chapple, Justin M. Forcier, Reed Smith LLP, Wilmington, DE; John M. McIntyre, Traci S. Rea, Reed Smith LLP, Pittsburgh, PA; Elizabeth J. Betta, M&T Bank, Buffalo, NY for defendant.
    Case Number: D69324

    The court denied relief to plaintiffs because they failed to prove that a previous trustee breached its fidu-ciary duty or engaged in any fraud.

  • In the Matter of: The Niki & Darren Irrevocable Trust

    Publication Date: 2021-02-24
    Practice Area: Trusts and Estates
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Jon E. Abramczyk, Todd A. Flubacher, Matthew R. Clark, Aubrey J. Morin, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for petitioner.
    for defendant: W. Donald Sparks, II, Chad M. Shandler, Christine D. Haynes, Richards, Layton & Finger, P.A., Wilmington, DE for respondent.
    Case Number: D69303

    Unclean hands precluded trustee from seeking to void decanting of trust assets into another trust due to trustee's failure to comply with legal requirements, where voiding the action would benefit the trustee as a beneficiary of the original trust, to the detriment of another beneficiary.

  • Ray v. Williams

    Publication Date: 2020-04-15
    Practice Area: Trusts and Estates
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Neil R. Lapinski and Phillip A. Giordano, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for plaintiffs.
    for defendant: Jason C. Powell, The Powell Firm, LLC, Wilmington, DE for defendant.
    Case Number: D68946

    Decedent's daughters did not exercise undue influence with respect to his burial plans and beneficiary changes on his insurance policies. The court denied a request to have decedent's body disinterred.

  • Deputy v. Deputy

    Publication Date: 2020-03-18
    Practice Area: Trusts and Estates
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Sharon Oras Morgan, Beth B. Miller and E. Chaney Hall, Fox Rothschild LLP, Wilmington, DE for petitioner.
    for defendant: Christopher M. Coggins of Coggins Law LLC, Wilmington, DE for respondent.
    Case Number: D68913

    Trustee breached his fiduciary duties and acted to enrich himself at the expense of the other beneficiary. The court removed the trustee, ordered an accounting, and required the trustee to pay attorney fees.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Hurd v. Hurd

    Publication Date: 2020-02-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: John V. Work, John Work Law, Wilmington, DE for plaintiff.
    for defendant: Jackson Shrum, Jack Shrum, P.A., Wilmington, DE for defendant. Harold W.T. Purnell, II, Sergovic Car-mean Weidman McCartney & Owens P.A., Georgetown, DE for intervenor. David J. Ferry, Jr. and Brian J. Ferry, Ferry Joseph, P.A., Wilmington, DE for receiver.
    Case Number: D68881

    A conflict existed between a settlor's primary purpose to benefit his surviving spouse and the settlor's wishes regarding the appointment of a trustee.

  • J.P. Morgan Trust Co. of Delaware v. Fisher

    Publication Date: 2019-12-18
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking | Legal Services
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Richard L. Renck, Oderah C. Nwaeze and Jocelyn M. Borowsky, Duane Morris LLP, Wilmington, DE for petitioner.
    for defendant: Jeffrey S. Goddess, Rosenthal, Monhait & Goddess, P.A., Wilmington, DE; Michael H. Friedman, Kurzman Eisenberg Corbin & Lever, LLP, White Plains, NY for respondent Hadley Fisher. Christopher P. Simon and Kevin S. Mann, Cross & Simon LLC, guardian ad litem for Michael Fisher.
    Case Number: D68810

    A trust beneficiary was entitled to the production of documents relating to a trustee's communications with counsel regarding trust administration.

  • Webster v. Brosman

    Publication Date: 2019-11-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Samuel D. Pratcher, III, Pratcher Krayer LLC, Wilmington, DE; Willie E. Gary and Larry A. Strauss, Gary, Williams, Parenti, Watson & Gary, PLLC, Stuart, FL for plaintiff.
    for defendant: David J. Ferry, Jr., Thomas R. Riggs and James Gaspero, Jr., Wilmington, DE of Ferry Joseph PA for defendants.
    Case Number: D68780

    Plaintiff's fraud and conversion claims against defendants were time-barred, and the court lacked subject mat-ter jurisdiction over the claim for an accounting.

  • Coyne v. Fusion Healthworks, LLC

    Publication Date: 2019-05-15
    Practice Area: Corporate Entities | Trusts and Estates
    Industry: Health Care | Insurance
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Kathleen Coyne, pro se plaintiff.
    for defendant: Josiah R. Wolcott, Connolly Gallagher LLP, Wilmington, DE for defendants.
    Case Number: D68558

    Dismissal of deceased LLC member's spouse's claim for proceeds of company-purchased life insurance policy not dismissed where LLC agreement did not terminate upon dissolution, when dissolution reasonably required member vote.

  • Lincoln Benefit Life Co. v. Wilmington Trust, N.A.

    Publication Date: 2019-04-03
    Practice Area: Insurance Litigation | Trusts and Estates
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Joseph C. Schoell, Jason P. Gosselin, Katherine L. Villanueva and Christopher F. Petrillo, Drinker Bid-dle & Reath LLP, Wilmington, DE for plaintiff.
    for defendant: Steven L. Caponi, K&L Gates LLP, Wilmington, DE for defendant.
    Case Number: D68514

    The court granted a motion to stay a Delaware declaratory judgment proceeding in favor of a pending lawsuit in another state based on the contemporaneous filing of the actions, as well as principles of comity and judicial efficiency.