CitationLeichtman v. WLW Jacor Communications, 92 Ohio App. 3d 232 (Ohio Ct. App., Hamilton County Jan. 26, 1994) Brief Fact Summary. Leichtman (Plaintiff) brought an action against defendants, WLW Jacor Communications, host, and smoker for battery, invasion of privacy, and a violation of a Cincinnati, Ohio ordinance, alleging that a radio station co-host repeatedly blew smoke in his face. The Hamilton County Court of Common Pleas (Ohio) dismissed his complaint. Plaintiff appealed Synopsis of Rule of Law. The blowing of smoke on one’s person meets the requirements of a cause of action f ...
Search Results
Estevez v. United States
CitationEstevez v. United States, 72 F. Supp. 2d 205 (S.D.N.Y. July 2, 1999) Brief Fact Summary. Both parties submitted evidence regarding possible damages after the United States (Defendant) was found negligent under the Federal Tort Claims Act, 28 U.S.C.S. Section:Section: 1346 (9b) and 2671-80, and liable for injuries sustained by Plaintiffs when the vehicle in which they were riding collided with a postal truck. Synopsis of Rule of Law. In actions brought under the Federal Tort Claims Act, damages are determined in the same manner and to the same extent as a private individual under like ...
Van Camp v. McAfoos
CitationVan Camp v. McAfoos, 261 Iowa 1124 (Iowa 1968) Brief Fact Summary. Van Camp (Plaintiff) sued, alleging that Mark McAfoos (Defendant), while riding his tricycle collided with Plaintiff causing injury to her Achilles tendon. The trial court sustained a motion to dismiss. Plaintiff appealed. Synopsis of Rule of Law. Where an essential element of the cause of action is missing, the question is not what may be shown under the pleading but whether a cause of action has been pled. ...
Prosser v. Keeton
Brief Fact Summary. Prosser (Plaintiff) brought an action against Keeton (Defendant) in connection with his stolen watch. The trial judge held that Defendant, having obtained the watch in good faith, nevertheless was liable for conversion and ruled that Defendant had to either return the watch or pay Plaintiff the fair market value of the watch. Synopsis of Rule of Law. The purchase of stolen property, even where the buyer was acting in good faith and was unaware the seller did not have valid title, constitutes conversion by both the seller and innocent buyer. ...
Holden v. Wal-Mart Stores, Inc
CitationHolden v. Wal-Mart Stores, Inc., 259 Neb. 78 (Neb. Mar. 31, 2000) Brief Fact Summary. This is a slip and fall case where plaintiff appealed a Scotts Bluff County District Court (Nebraska) decision awarding plaintiff damages in the amount of $3,600. The jury found defendant to be 60 percent negligent and plaintiff 40 percent negligent and awarded damages in the amount of $ 6,000. Synopsis of Rule of Law. “An award of damages may be set aside as excessive or inadequate when, and not unless, it is so excessive or inadequate as to be the result of passion, prejudice, mistake, or so ...
Stanton v. Wells Fargo Bank and Union
CitationStanton v. Wells Fargo Bank & Union Trust Co., 150 Cal. App. 2d 763, 310 P.2d 1010, 1957 Cal. App. LEXIS 2238 (Cal. App. 1st Dist. May 10, 1957) Brief Fact Summary. Respondent life beneficiaries (Respondents) sought revision of a testatmentory trust provision which limited the Trustee (Trustee) to investment of the trust property in various bonds. The lower court entered judgement for Respondents, and Trustees sought review. Synopsis of Rule of Law. The rule against courts modifying the terms of a contract, and that they should construe it precisely as the parties had made it, do ...
In re Freihofer
CitationIn re Freihofer, 172 Misc. 2d 260, 658 N.Y.S.2d 811, 1997 N.Y. Misc. LEXIS 140 (N.Y. Sur. Ct. Apr. 2, 1997) Brief Fact Summary. Respondent Trustee Attorney (Respondent) acted on behalf of Petitioner Beneficiary Sons (Beneficiary) on other issues and who also had in an Synopsis of Rule of Law. The failure of a trustee-attorney to fully disclose the potentially conflicting roles he played voids any receipt release and waiver he may have obtained from his beneficiary, particularly when he sought his own discharge from liability to that beneficiary while at the same time representing tha ...
In re Estate of Cooper
CitationIn re Cooper, 187 A.D.2d 128, 1993 N.Y. App. Div. LEXIS 796, 592 N.Y.S.2d 797 (N.Y. App. Div. 2d Dep’t Feb. 1, 1993) Brief Fact Summary. William Thomas Cooper lived in a homosexual life partnership with Ernest Chin. Cooper left everything to the petitioner in his will with the exception of certain real estate that constituted over 80% of the entire estate. The Petitioner sought to take an elective share of the estate as Cooper’s surviving spouse. Synopsis of Rule of Law. A state surviving spouse election statute does not apply to homosexual life partners and does not vi ...
Estate of Kurkowski
View this case and other resources at: Citation. 486 Pa. 295 Brief Fact Summary. Appellant Administratix, Ellen Kurkowski Simon (Appellant), appeals from a lower court decree, which dismissed her for improper administration of her Testator Husband’s (Testator) estate upon consideration of objections to the final account. Synopsis of Rule of Law. A testator’s personal representative is under a fiduciary duty to take custody of his estate and administer it with the highest degree of good faith in such a way as to preserve and protect the property for distribution to the proper pe ...
In re Estate of Janes
CitationIn re Estate of Janes, 90 N.Y.2d 41, 681 N.E.2d 332, 659 N.Y.S.2d 165, 1997 N.Y. LEXIS 748 (N.Y. May 1, 1997) Brief Fact Summary. Rodney B. Janes created a testamentary trust consisting of Kodak stock. He named wife, Cynthia Janes, and several charitable organizations as the beneficiaries under the trust. The trustees, the petitioner, Ellison Patterson and Richard Young, failed to divest the estate of the stock that had dropped in value. Synopsis of Rule of Law. A trustee must diversity assets unless the trustee reasonably determines that it is in the interests of the beneficiaries ...
Shriners Hospitals for Crippled Children v. Gardiner
CitationShriners Hosps. for Crippled Children v. Gardiner, 152 Ariz. 527, 733 P.2d 1110, 1987 Ariz. LEXIS 134 (Ariz. Feb. 3, 1987) Brief Fact Summary. Laurabel Gardiner created a trust and appointed Mary Jane as trustee, Charles first alternate trustee, and Robert second alternate trustee. Jane did not have investment experience and left all the investment decisions to Charles. Charles, who was an investment counselor and stockbroker, embezzled $317,000 from the trust. Synopsis of Rule of Law. A trustee is not permitted to delegate his responsibilities to a co-trustee. A trustee lacking ...
Matter of Kinzler
CitationMatter of Kinzler, 75 A.D.3d 509, 903 N.Y.S.2d 751, 2010 N.Y. App. Div. LEXIS 5878, 2010 NY Slip Op 6000 (N.Y. App. Div. 2d Dep’t July 6, 2010) Brief Fact Summary. Appellant Executor Bertram Zweiborn (Appellant), son-in-law of Testator Pauline Kinzler (Testator), appeals a lower court order which was the result of a proceeding initiated by Respondent Beneficiary Daughters (Respondents) that he breached his fiduciary duties. Synopsis of Rule of Law. Fiduciary duties are owed from an estate executor to its beneficiaries and must be discharged in an unbiased and unprejudiced manne ...
Matter of Estate of Rothko
Citation401 N.Y.S.2d 449, 372 N.E.2d 291 (N.Y. 1977) Brief Fact Summary. Mark Rothko (Rothko) was a famous expressionist painter whose paintings were of substantial value. The issue underlying this matter is the manifestly improper behavior of his three executors. Appellant executors appeal a lower court ruling removing them as executors of the estate. Synopsis of Rule of Law. Executors retain a fiduciary duty that prohibits dealings of self-interest. ...
Estate of Rolfe
CitationAppeal of Stetson, 138 N.H. 293, 639 A.2d 245, 1994 N.H. LEXIS 21 (N.H. Mar. 18, 1994) Brief Fact Summary. Daughters (Beneficiaries) of Decedent Richard S. Rolfe (Decedent) appeal a probate court decree awarding total executor’s and attorney’s fees in the amount of $26,000. Synopsis of Rule of Law. The amount of attorney’s and executor’s fees to be paid on an estate is dependable on a variety of factors, including the actual amount of time expended for work on the estate. ...
Estate of Baird v. Commissioner
CitationEstate of Baird v. Commissioner, 1997 Tax Ct. Memo LEXIS 49, T.C. Memo 1997-55, 73 T.C.M. (CCH) 1883 (T.C. Jan. 30, 1997) Brief Fact Summary. Respondent Commissioner (Respondent) determined a deficiency in Petitioner Estate Administrator’s (Petitioner) estate tax payment of $118, 709.31, attributable to deducted attorney’s fees. Petitioner challenged the alleged deficiency, claiming that the attorney’s fees were deductible under local law and the Internal Revenue Code (IRC) regulations. Synopsis of Rule of Law. Attorney’s fees are deductible under IRC 2053(a)( ...
Matter of Warhol
CitationIn re Estate of Warhol, 165 Misc. 2d 726, 629 N.Y.S.2d 621, 1995 N.Y. Misc. LEXIS 313 (N.Y. Sur. Ct. Apr. 20, 1995) Brief Fact Summary. Petitioners, the attorneys of Warhol’s estate (Petitioners), filed an application with the New York courts to fix the lawyer’s fees for Respondent Estate Executor (Respondent), in the administration of the estate of the Warhol estate, which was valued at more than $100,000,000. Synopsis of Rule of Law. With respect to the administration of an estate, what constitutes reasonable compensation for the estate’s attorney requires conside ...
Estate of Warhol
CitationIn re Estate of Warhol, 224 A.D.2d 235, 637 N.Y.S.2d 708, 1996 N.Y. App. Div. LEXIS 1021 (N.Y. App. Div. 1st Dep’t Feb. 8, 1996) Brief Fact Summary. The Supreme Court of New York reviewed an order granting Petitioner Edward Hayes, the attorney for the Warhol Estate (Petitioner), an amount in excess of seven million dollars for services rendered on the estate. Synopsis of Rule of Law. Services performed by an attorney that are executorial in nature may not properly be considered in the setting of the legal fees on an estate. ...
Tulsa Professional Collection Services, Inc. v. Pope
CitationTulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 108 S. Ct. 1340, 99 L. Ed. 2d 565, 1988 U.S. LEXIS 1870, 56 U.S.L.W. 4302, 56 U.S.L.W. 4303 (U.S. Apr. 19, 1988) Brief Fact Summary. Appellant Tulsa Professional Collection Services, Inc. (Appellant), a collection agency associated with the hospital at which H. Everett Pope, Jr. (Deceased) stayed, brought this action against JoAnne Pope, wife of Deceased (Appellee), arguing that she did not provide proper notice to Appellant concerning probate of Deceased’s estate. Synopsis of Rule of Law. If an individual̵ ...
Equitable Life Assurance Soc. v. Porter-Englehart
CitationEquitable Life Assurance Soc. v. Porter-Englehart, 867 F.2d 79, 1989 U.S. App. LEXIS 1223 (1st Cir. Mass. Feb. 8, 1989) Brief Fact Summary. Defendant Widow Sandra Porter-Englehart (Defendant Widow) of Testator Manfred Owen Englehart (Testator) appeals a lower court ruling in favor of Defendant Ex-Wife Merle (Defendant Ex-Wife) in a dispute about the proper division of insurance proceeds Synopsis of Rule of Law. The creation of a trust does not depend on the words used, but rather on the clear intention of the parties to create the trust. ...
Wendland v. Wendland
CitationWendland v. Wendland, 29 Wis. 2d 145, 138 N.W.2d 185, 1965 Wisc. LEXIS 790 (Wis. 1965) Brief Fact Summary. Robert Wendland (Conservetee) was in a car accident that left him conscious but severely physically and mentally disabled. Conservator wife, Rose Wendland (Conservator), sought permission to have Conservetee’s feeding tube removed. Conservetee’s mother and sister objected. Synopsis of Rule of Law. If a conservator seeks to remove life sustaining treatment for a conservetee, she must prove by clear and convincing evidence that the conservetee wished to refuse life-sus ...
Washington v. Glucksberg
CitationWashington v. Glucksberg, 1996 U.S. LEXIS 3864, 517 U.S. 1241, 116 S. Ct. 2494, 135 L. Ed. 2d 187, 64 U.S.L.W. 3820 (U.S. June 10, 1996) Brief Fact Summary. Petitioners appeal the lower court ruling from the State of Washington that held that the State’s ban against assisted suicide violated the United States Constitution Fourteenth Amendment. Synopsis of Rule of Law. A state’s ban on assisted suicide does not violate the constitution. ...
In re Daly
CitationIn re Daly, 182 N.J. 422, 2005 N.J. LEXIS 175, 866 A.2d 980 (N.J. Feb. 23, 2005) Brief Fact Summary. Brennan C. Daly (Child) is a mentally and physically disabled child whose medical needs are met by the proceeds of a $1.6 million dollar medical malpractice settlement. Petitioner Guardian Conservator (Petitioner) recommends annual gifts of $10,000 to each of his three siblings and parents in order to consume his surplus yearly income and accomplish tax-free inter vivos transfers. Petitioner seeks authorization to make these annual gifts from Child’s excess income. Synopsis of R ...
Estate of Huston
CitationEstate of Huston, 60 Cal. Rptr. 2d 217, 51 Cal. App. 4th 1721, 1997 Cal. App. LEXIS 26, 97 Cal. Daily Op. Service 436, 97 Daily Journal DAR 663, 97 Daily Journal DAR 1091 (Cal. App. 4th Dist. Jan. 16, 1997) Brief Fact Summary. Objector, Mary Deonne Greene (Objector), niece of Testator Amelia D. Huston (Testator) and a residuary beneficiary under Testator’s will, appeals from a lower court ruling entered for Petitioner John E. Amberg, attorney-in-fact and financial representative (Petitioner). Objected contends that the judgment should be reversed because the evidence indicates ...
Warren v. Albrecht
CitationWarren v. Albrecht, 213 Ill. App. 3d 55, 571 N.E.2d 1179, 1991 Ill. App. LEXIS 818, 157 Ill. Dec. 160 (Ill. App. Ct. 5th Dist. May 13, 1991) Brief Fact Summary. Appeal from an action to quiet title to land that involves the Rule Against Perpetuities (RAP). Synopsis of Rule of Law. An interest is not valid unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest. ...
In re Maher
CitationIn re Maher, 169 F. 997, 1909 U.S. Dist. LEXIS 337 (D. Ga. Apr. 24, 1909) Brief Fact Summary. Petitioner Conservator Francis E. Maher, Jr. (Petitioner), Respondent Francis E. Maher’s (Respondent) son, appeals a lower court ruling that dismissed his petition for guardianship of Respondent’s property, pursuant to New York State law regarding the mental capacity of conservetees. Synopsis of Rule of Law. Under New York State law, a Conservator must demonstrate by clear and convincing evidence that a conservetee is incapacitated and that a guardian is necessary to manage conse ...