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  • Rogers v. Wilmington Trust Co.

    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.

  • In the Matter of The Jeremy Paradise Dynasty Trust

    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.

  • In the Matter of the Estate of Sullivan

    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.

  • 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.

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  • 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.

  • 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.