17 results for 'cat:"Trusts" AND cat:"Contract"'.
J. Kelly finds that the trial court properly ruled against a construction company owner in a fraud case he filed against a trust that owned property he was contracted to renovate. When one of the members of the trust failed to pay the contractor for his services, he sued alleging various claims and was awarded a judgment against a single member of the trust, not the trust itself. The evidence shows that the single member of the trust that the contractor secured a judgment against acted alone in their actions and did not implicate the trust as a liable party. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: March 7, 2024, Case #: 03-22-00441-CV, Categories: Construction, trusts, contract
J. Denney grants the brother’s motion to compel his sister to produce messages involving their dispute over the trust. Though the sister’s counsel argued that the messages shared with her son are not relevant, being the alleged breach of the agreement had already occurred, the messages may be relevant to the trust’s claims and defenses, particularly regarding possible additional breaches. The request for the imposition of spoliation sanctions is deferred.
Court: USDC Nevada, Judge: Denney, Filed On: February 7, 2024, Case #: 3:22cv375, NOS: Other Contract - Contract, Categories: Family Law, trusts, contract
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J. Denney grants the trust beneficiary's motion for leave to amend her second amended answer and counterclaim. The beneficiary did not receive her inheritance of $650,000 from the trust, as she was accused of breaching a non-disparagement clause. After various discovery orders and the court's granting of leaves to amend for each party, the beneficiary has been found to have sufficiently alleged the trustee acted unfaithfully when he allegedly sent disparaging text messages about the beneficiary.
Court: USDC Nevada, Judge: Denney , Filed On: January 31, 2024, Case #: 3:22cv375, NOS: Other Contract - Contract, Categories: trusts, Wills / Probate, contract
J. MacDonald reverses the denial of a deceased man’s former cohabitator’s motion for summary judgment against a representative of the decedent’s estate who filed a motion for summary judgment against her which was granted and is now also reversed. The agreements between the decedent and the former cohabitator are enforceable contracts. Reversed.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: January 30, 2024, Case #: 2023-0022, Categories: trusts, contract
J. Boatwright finds the trial court properly dismissed the beneficiaries' amended complaint in their lawsuit seeking reimbursement of funds paid from a deceased grantor's trust to pay off a $988,867 debt from a loan the grantor and his wife took out, most of which was used to improve and maintain their home. The trial court correctly determined that the beneficiaries do not have standing to bring their claims, as it would have to be the trust's successor trustee itself to sue for the damages the beneficiaries seek from the disputed transaction, and the beneficiaries have brought no common law exception that would allow them to sue on behalf of the trust. Affirmed.
Court: Florida Courts Of Appeal, Judge: Boatwright, Filed On: October 20, 2023, Case #: 22-1114, Categories: trusts, Damages, contract
J. Simons finds the probate court improperly determined that the family-owned company lacks standing to participate in a family trust petition filed by certain owners because it was not a beneficiary or a trustee. Each of the siblings own an equal share of the company and a shareholder agreement provides that shareholders can borrow and lend money and transfer assets. Probate Code permits the court to designate as an interested person anyone having an interest in an estate which may be affected by a probate proceeding and the court must make the discretionary determination as to whether the company is an interested person. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Simons, Filed On: October 13, 2023, Case #: A166997, Categories: trusts, Wills / Probate, contract
J. Goldstein finds that the lower court improperly granted summary judgment to the bank on the trustee's claim for tortious interference with contract. The bank argued that the statements made by the bank president were true and that the truth represented "an absolute total defense" to the claim. However, there is no authority showing that "a Texas court recognized truth as a stand-alone affirmative defense to tortious interference with an existing contract." Reversed in part.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: October 9, 2023, Case #: 05-21-00878-CV, Categories: trusts, Interference With contract
Per curiam, the court of appeals finds that the trial court improperly dismissed with prejudice in favor of the appellees a second amended complaint for a “pay-on-death” beneficiary. The court granted this motion based on another similar case by reading the holding to broadly. The beneficiary had made no claim for tortious interference with the inheritance and the alleged bank accounts were owned by her outside the estate. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: October 6, 2023, Case #: 6D23-1351, Categories: Tort, trusts, Interference With contract
J. Moore finds the trial court improperly denied the trustee of the family trust’s motion for a new trial in this dispute among the four living children with respect to various agreements and interests in the family farm. To the extent the award of attorney fees included those resulting from the family’s derivative claims, it was error to award fees against the trustee, individually. Affirmed in part. Reversed in part and remanded.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: August 15, 2023, Case #: A-22-108, Categories: Family Law, trusts, contract
J. Silva grants the trust’s motion for leave to amend in this class action against the Las Vegas Sands Corporation, some of its directors and executive officers, brought on allegations of misrepresentation and omissions made regarding sales of its securities. The trust fails to state a claim for certain years of the alleged class period. As amendment would not be futile, the claims are dismissed in part, but with leave to amend.
Court: USDC Nevada, Judge: Silva, Filed On: August 8, 2023, Case #: 2:20cv1958, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, trusts, contract
J. Johnson finds the county court properly dismissed the beneficiary's complaint to modify his irrevocable trust. The various proposed modifications, such as deleting provisions for gifts on his death and simply terminating the trust are inconsistent with the trust's material purposes, namely the maximizing of resources to help petitioner become self-sufficient. The modifications are also not consistent with purposes as to the trustee, which center upon the use of assets for trust purposes, including assisting petitioner with limited amounts for various purposes such as business and medical expenses. Affirmed.
Court: Illinois Appellate Court, Judge: Johnson , Filed On: June 30, 2023, Case #: 1-22-1120, Categories: trusts, Wills / Probate, contract
J. Gruber finds the circuit court properly granted summary judgment to the niece who had alleged that her aunt breached multiple duties as the sole trustee of two educational trusts. The niece argues that the order does not specifically mention pre- or postjudgment interest, but that the interest rate is part of the order directing the trustee to comply, stating that the trustee must transfer $250,000, “valued at the day of grantor’s death.” The trustee never argued a specific rate should be applied. The court did not err as a matter of law in ordering the trustee to transfer the amount plus interest at 6% per annum from the date of the grandmother’s death. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: May 24, 2023, Case #: CV-21-35, Categories: trusts, Wills / Probate, contract