23 results for 'cat:"Property" AND cat:"Trusts"'.
J. Nugee finds a lower court properly ruled in favor of a sister of a family farming and land partnership's contract claims against her brothers. The brothers argued that she was not entitled to a stake in the farming company following her resignation. However, the sister presented sufficient evidence in court that she is entitled to a stake in family trusts, estates and value of shares based on a family inheritance document forged by her father. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Nugee, Filed On: April 9, 2024, Case #: CA-2023-1997, Categories: Agriculture, property, trusts
J. Clark finds that the lower court properly held that a local Methodist congregation, which broke with the national church over revised views on human sexuality, could not turn its property over to a successor congregation following disaffiliation. The property was held in an implied trust for the benefit of the national church, as since its founding the local congregation had used the insignia of "Methodist" or "United Methodist" and had abided by various administrative requirements to remain an affiliate. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: April 4, 2024, Case #: CV-23-1059, Categories: property, trusts
J. Méndez-Miró grants the conservation trust's motion for summary judgment on a landowner's claims it fraudulently induced him into executing a deed constituting a perpetual land conservation easement in favor of the trust over his real property, misrepresenting he would receive $750,000 in tax credits. The conservation easement is a voluntary agreement limiting use of a property to protect its natural, cultural or agricultural worth. The Puerto Rico Treasury Department’s denial of the tax credit is not illegal and does not render the deed null.
Court: USDC Puerto Rico, Judge: Méndez-Miró, Filed On: March 26, 2024, Case #: 3:22cv1256, NOS: Other Contract - Contract, Categories: Agriculture, property, trusts
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J. Stevens finds that while the trial court properly reinstated a prior summary judgment in a property dispute case, a portion of the order should be reversed for being overbroad. The specified paragraph in the order that prohibits the owners from "using or advertising the property for special events or other non-residential uses" is overbroad, so the case is remanded for the trial court to reconsider and redraft the language. Reversed in part.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: March 25, 2024, Case #: 06-23-00080-CV, Categories: Civil Procedure, property, trusts
J. Oliver finds the district court properly dismissed this trust promissory estoppel claim brought by a son against his father’s estate. The son alleges his father verbally agreed to leave the ranch to him, but in the will, it was left to the father’s grandsons. He fails to meet the burden of proof because the evidence of detrimental reliance was insufficient, and the court could not find an equitable remedy. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: February 26, 2024, Case #: 20210415-CA, Categories: Evidence, property, trusts
J. LaRose dismisses this appeal regarding real property between a pro se trustee and an enterprise company after the trial court granted the company’s motion for summary judgment because, in Florida, a trustee may not file on behalf of a trust pro se.
Court: Florida Courts Of Appeal, Judge: LaRose, Filed On: February 14, 2024, Case #: 2D22-2455, Categories: property, trusts
J. Combs finds the court of appeals improperly vacated the trial court's granting of summary judgment to the oil production company. The trustees say they are entitled to a greater royalty according to a lease agreement executed by their predecessors-in-interest. The trial court properly applied the 15-year statute of limitation to the trustees' quiet title claim, and in determining the quiet title claim accrued more than 15 years ago. No error is found in the court's denying the trustees' motion to compel production of title opinions in the company's possession. Whether the trustees hold marketable title is distinct from the issue of which lease controls. Vacated.
Court: Oklahoma Supreme Court, Judge: Combs , Filed On: February 6, 2024, Case #: 119366, Categories: Energy, property, trusts
J. Gray finds that the lower court improperly determined that a warranty deed for the transferring of property was invalid because of a defectively acknowledged signature. The deed was valid under all the other relevant factors, and a lack of the correct acknowledgment is "no bar" to the enforcement of the deed. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: January 23, 2024, Case #: S-23-0152, Categories: property, trusts
J. Kornmann dismisses a matter involving a Clay County Planning and Zoning Commission grant of a Conditional Use Permit (CUP) to a living trust to develop land. A group of individuals who regularly use and enjoy a particular stretch of the Missouri River filed an appeal of the CUP contending that the appeal should have been heard by the Clay County Board of Commissioners. The individuals claim this appeals process is a violation of state law and county ordinance. The matter is dismissed for failure to state a claim.
Court: USDC South Dakota, Judge: Kornmann, Filed On: December 12, 2023, Case #: 4:22cv4177, NOS: Other Civil Rights - Civil Rights, Categories: property, trusts
J. Gibbons finds the trial court properly divided property held in a revocable living trust in this divorce action. Though the ex-wife, as a licensed realtor, managed properties held in the trust, both parties are co-settlors and co-trustees, and the trust did not need to be named in the divorce or joined as a necessary party. The trial court had authority to distribute the trust's assets as community property. The ex-wife failed to overcome the community property presumption by clear and convincing evidence. Affirmed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: November 30, 2023, Case #: 84950-COA, Categories: Family Law, property, trusts
Per curiam, the Hawai’i Supreme Court finds the claims administrator and circuit court properly denied the petitioner’s petition for writ of mandamus alleging he was part of the class of Native Hawaiian people that were waitlisted for homesteads from the Hawaiian Homelands Trust. The petitioner lacks any claim to compensation because he was born beyond the statutory period resulting in him being too young to receive a payout. The Supreme Court rejects the petition for appeal and remands back to the circuit court.
Court: Hawai'i Supreme Court, Judge: Per curiam, Filed On: October 26, 2023, Case #: SCPW-23-571, Categories: property, Settlements, trusts
J. Fujisaki finds the probate court improperly instructed the successor trustee to immediately sell properties that are assets of trusts whose beneficiaries are the museum and music conservatory and distribute the proceeds to the beneficiaries. A provision granting the trustee “sole discretion” to distribute trust property in cash or in kind was improperly interpreted by the probate court as requiring an immediate sale of the properties. Vacated and remanded.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: October 12, 2023, Case #: A165397, Categories: property, trusts, Due Process
J. Gordon grants the loan servicer’s motion for summary judgment, declaring that the deed of trust for which it is the beneficiary remains an encumbrance on the property sold by the homeowner’s association at a foreclosure sale and transferred to the trust. No genuine dispute remains that the HOA did not substantially comply with notice requirements to the original beneficiary of record under the deed of trust. The loan servicer is prejudiced because the original loan servicer on the property was deprived of the opportunity to cure the default, which it would have done had it been given notice.
Court: USDC Nevada, Judge: Gordon, Filed On: October 5, 2023, Case #: 2:16cv2653, NOS: All Other Real Property - Real Property, Categories: property, trusts, Banking / Lending
J. Myren finds that the circuit court properly entered two orders in which it denied requests to hold an individual, a trust and a hotel in contempt in a matter involving a property sale. Denial of the contempt requests was valid because none of the entities in question "willfully or contumaciously" violated the court's order. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: September 27, 2023, Case #: 2023SD52, Categories: Contempt, property, trusts
J. Stegner finds that the trial court properly determined that a trust indenture was drafted in a way that allowed it to supersede the statute that requires court approval for a property sale that presents a clear conflict of interest. However, issues of fact about whether a trustee fulfilled his duties under the trust indenture should have precluded summary judgment. The trial court must determine if the trustee violated his fiduciary duty when he approved the sale of trust property to a corporation of which he was a member. Reversed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: June 27, 2023, Case #: 49189, Categories: property, trusts, Fiduciary Duty
Per curiam, the Florida Sixth District Court of Appeals finds the trial court erred by granting homestead protection to the trust in a fraudulent transfer case. The trust does not own the property, so it was not entitled to a homestead defense. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 2, 2023, Case #: 6D23-198, Categories: Fraud, property, trusts
J. Piersol grants an Idaho Housing and Finance Association motion to dismiss an individual's pro se complaint alleging that the association was attempting to deprive him of property to which they are not entitled by preventing him from assigning his property to his heirs in trust. The individual has presented an insufficient complaint in every respect to survive dismissal.
Court: USDC South Dakota, Judge: Piersol, Filed On: June 1, 2023, Case #: 4:23cv4036, NOS: Negotiable Instrument - Contract, Categories: property, trusts
J. Parraguirre finds the district court properly dismissed this home foreclosure dispute brought by the borrower. The second mortgage is both a negotiable instrument and a promissory note, entitling the loan servicer and trustee to enforce the document under Nevada Commercial Code. The court’s error in finding that the property, held in the name of the borrower’s trust, is not owner-occupied and so not subject to foreclosure requirements affecting owner-occupied housing is harmless. Affirmed.
Court: Nevada Supreme Court, Judge: Parraguirre, Filed On: May 18, 2023, Case #: 83176, Categories: property, trusts, Banking / Lending