• In the Matter of: Estate of Mergenthaler

    Publication Date: 2024-09-17
    Practice Area: Trusts and Estates
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Jason C. Powell, The Powell Firm, LLC, Wilmington, DE; John S. Malik, John S. Malik Law Office, Wilmington, DE for plaintiffs.
    for defendant: John A. Sergovic, Jr., Sergovic Carmean Weidman McCartney & Owens, P.A., Georgetown, DE; Thomas A. Uebler, McCollom D’Emilio Smith Uebler LLC Wilmington, DE for defendant.

    Case Number: 2020-0804-MTZ

    Court could exercise personal jurisdiction over out-of-state defendant where petition sufficiently alleged that defendant engaged in tortious actions within Delaware.

  • Carlisle v. Everett

    Publication Date: 2024-08-27
    Practice Area: Trusts and Estates
    Industry:
    Court: Court of Chancery
    Judge: Chancellor McCormick
    Attorneys: For plaintiff: Kathleen DeLacy, Martin D. Page, Reger Rizzo & Darnall LLP, Wilmington, DE for plaintiff.
    for defendant: Jason C. Powell, Thomas J. Reichert, Laurel A. LaLone, The Powell Firm, LLC, Wilmington, DE for defendant.

    Case Number: 2023-0077-LM

    Court directed parties to address the issue of whether Delaware law expressly or impliedly conferred a parent with standing to challenge the validity of their deceased child's marriage on grounds of fraud.

  • In the Matter of the Niki & Darren Irrevocable Trust

    Publication Date: 2024-08-06
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2019-0302-SG

    Successor beneficiary of trust successfully challenged purported decanting of trust corpus into a new trust where the trust did not give trustees the authority to invade trust corpus, a necessary power to decant trust assets under Delaware law.

  • In the Matter of the Estate of Cordray

    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.

  • Rust v. Rust

    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.

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  • Hillblom v. Wilmington Trust Co.

    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.

  • In re Cte D'Azur Estate Corp.

    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.

  • Protech Minerals, Inc. v. Dugout Team, LLC

    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.

  • Paul Capital Advisors, LLC v. Stahl

    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.

  • Independence Realty Trust, Inc. v. USA Carrington Park 20, LLC

    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.