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62 results for '* topic:"Trusts and Estates"' You can use Search Constraints to get even better search results
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.
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.
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.
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Authors: Gary L. Brown
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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.
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.
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.
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.
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.
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