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ESTATE OF GERALD W. ARTHUR, Grantor

ESTATE OF GERALD W. ARTHUR, Grantor. (12/3948 G) — Before the court is a motion to intervene in a proceeding in which the trustee of a trust established by Gerald W. Arthur ("decedent") seeks an order: (i) lifting a notice of pendency on real property owned by the trust; (ii) approving the sale of the property pursuant to a contract into which the trustee has already entered; and (iii) permitting the trustee to use funds from the sale of the property to pay various expenses of the trust. The motion was brought by the prospective purchaser under the contract ('movant"). The contract provides that the sale is subject to this court's approval.

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ESTATE OF GERALD W. ARTHUR, Grantor. (12/3948 G) — Before the court is a motion to intervene in a proceeding in which the trustee of a trust established by Gerald W. Arthur (“decedent”) seeks an order: (i) lifting a notice of pendency on real property owned by the trust; (ii) approving the sale of the property pursuant to a contract into which the trustee has already entered; and (iii) permitting the trustee to use funds from the sale of the property to pay various expenses of the trust. The motion was brought by the prospective purchaser under the contract (‘movant”). The contract provides that the sale is subject to this court’s approval.

The property, a townhouse in which decedent lived, is the subject of several pending proceedings in this court. Decedent, who died in 2011, transferred the property to the trust in 2008. The temporary administrator of decedent’s estate claims that the transfer was invalid and that the property should be turned over to decedent’s estate. To further complicate matters, decedent’s former companion has asserted a claim that the property should instead be transferred to him under a theory of constructive trust.

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