CitationDewire v. Haveles, 404 Mass. 274, 534 N.E.2d 782, 1989 Mass. LEXIS 67 (Mass. Mar. 9, 1989) Brief Fact Summary. Jennifer was the daughter of Thomas III , a beneficiary under a trust. The income of the trust was payable to Thomas III and his siblings. The court determines whether the income should be split between the grandchildren as a class with a right of survivorship or whether it should Jennifer as a great grandchild who may take Thomas III’s share under a right of representation. Synopsis of Rule of Law. In the absence of a contrary intent expressed in the will or a contr ...
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Matter of Marine Midland Bank, N.A
CitationMATTER OF MARINE MIDLAND BANK, N.A., pet(Howard Blankman, Inc. res), 1992 N.Y. Misc. LEXIS 701, 208 N.Y.L.J. 40 (N.Y. Sup. Ct. Aug. 26, 1992) Brief Fact Summary. Testator died leaving a will disposing of his estate through two trust. One of the trust was to be distributed, after the testator’s widow passed away, to the testator’s brothers or their “surviving child or children.” Appellants allege that this should be interpreted to include grandchildren of the testator’s brothers. Synopsis of Rule of Law. Words in a donative instrument will gene ...
Newman v. Wells Fargo Bank
CitationNewman v. Wells Fargo Bank, 14 Cal. 4th 126, 926 P.2d 969, 59 Cal. Rptr. 2d 2, 1996 Cal. LEXIS 6515, 96 Daily Journal DAR 14555, 96 Cal. Daily Op. Service 8773 (Cal. Dec. 5, 1996) Brief Fact Summary. Appellant Guardian ad Litem (Appellant) petitioned the court on behalf of minor A. for a share of the income of a trust. Appellant is a creditor of Jon E. Newman (Newman) and claims that even though Newman was adopted by his stepfather, he remains a child of his biological father, Earl Mitchell (Bio. Father), within the will of Helen Lathrop, Bio. Father’s sister (Sister), and is e ...
In re Estate of Evans
CitationIn re Estate of Evans, 20 Neb. App. 602, 827 N.W.2d 314, 2013 Neb. App. LEXIS 41, 2013 WL 930603 (Neb. Ct. App. Mar. 12, 2013) Brief Fact Summary. Estate Trustee (Trustee) seeks relief from a lower court order, which he claimed precluded the admission of grandchildren born after Testator Grandfather’s (Testator’s) death. Synopsis of Rule of Law. If a gift is to a class, and that class is fixed by the terms of the bequest that there may be an interval of time during which the class may increase, then the gift is one that vests in the existing number of the class and such o ...
In re Kroos
CitationIn re Krooss, 302 N.Y. 424, 99 N.E.2d 222, 1951 N.Y. LEXIS 714, 47 A.L.R.2d 894 (N.Y. 1951) Brief Fact Summary. Appellant Husband of Heir Daughter (Daughter) appeals the appellate court’s ruling in favor of Respondent Administrator (Respondent) that modified the lower court’s interpretation of a will such that the husband received nothing under the will. Synopsis of Rule of Law. Additional language will not be read as qualifying or cutting down the estate unless that language is as clear and decisive as that which created the vested remainder. ...
Browning v. Sacrison
CitationBrowning v. Sacrison, 267 Ore. 645, 518 P.2d 656, 1974 Ore. LEXIS 511 (Or. 1974) Brief Fact Summary. Grandmother Testrix Kate Webb (Testrix) devised certain real property to Daughter Ada W. Sacrison (Daughter) and Grandsons Franklin Browning and Robert Stanley Browning (Grandsons). Testrix’s daughter was granted a life estate, and her grandsons a contingent remainder in the real property. Plaintiff, the wife of deceased Grandson Franklin (Plaintiff), brought this action to determine the status of Grandson Franklin’s remainder. Synopsis of Rule of Law. If a devise is made ...
Webb v. Underhill
CitationWebb v. Underhill, 130 Ore. App. 352, 882 P.2d 127, 1994 Ore. App. LEXIS 1428 (Or. Ct. App. Sept. 28, 1994). Brief Fact Summary. Action to partition real property in which Plaintiffs life tenant and remaindermen (Plaintiffs) sought review of the lower court’s summary judgment in favor of Defendant Remainderman (Defendant) in Plaintiff’s action that sought to sell devised land and distribute the proceeds. Synopsis of Rule of Law. When a testator creates future interests that are contingent upon the takers’ surviving the life tenant and the triggering event is the dea ...
In re DiBiasio
CitationIn re DiBiasio, 705 A.2d 972, 1998 R.I. LEXIS 7 (R.I. Jan. 13, 1998) Brief Fact Summary. Defendant Heirs at Law (Defendants) appealed a lower court ruling that upon the death of Testator Vincent Fiore (Testator), the rest, residue, and remainder of Testator’s trust vested in the nephew trustee, Joseph A. DiBiaso (Trustee), and the remainderman designated in his will. Synopsis of Rule of Law. A testator’s omission of any substitute beneficiary who would take upon a trustee’s death evidences an intent to grant an indefeasibly vested remainder interest to the trustee a ...
In Re Estate of Cline
CitationIn re Estate of Cline, 1 Ohio Misc. 28, 202 N.E.2d 736, 1964 Ohio Misc. LEXIS 221, 30 Ohio Op. 2d 221 (Ohio P. Ct. Dec. 7, 1964) Brief Fact Summary. Appellants, widow and daughters (Appellants) of Testrix Maria Cline (Testrix) deceased son (Son), the residuary beneficiaries of a will, challenge an order from the district court that denied their claim that Testrix’s will was ambiguous and that the doctrine of equitable apportionment required the estate and inheritance taxes to be apportioned over the entire gross estate rather than merely the estate residue. Synopsis of Rule of ...
Best v. United States
CitationBest v. United States, 902 F. Supp. 1023, 1995 U.S. Dist. LEXIS 19645, 96-1 U.S. Tax Cas. (CCH) P60,223, 79 A.F.T.R.2d (RIA) 1092 (D. Neb. May 12, 1995) Brief Fact Summary. Plaintiff Kathleen Best (Plaintiff), Personal Representative of the Estate of Deceased Alma Anderson (Decedent) and daughter of Deceased, moves for summary judgment and claims a refund for a federal estate tax payment, with interest, for an Internal Revenue Service (IRS) deficiency assessment. Plaintiff argues that the trust corpus should not be included in Decedent’s estate. The United States (Respondent) a ...
Estate of Kurz v. Commissioner
CitationEstate of Kurz v. Commissioner, 101 T.C. 44, 1993 U.S. Tax Ct. LEXIS 44, 101 T.C. No. 3 (T.C. July 21, 1993) Brief Fact Summary. Ethel H. Kurz was the beneficiary over two trusts. Kurz was not allowed to access the second trust until the first trust was exhausted. After Kurz died, the Tax Court held that she had a general power of appointment over the second trust; even she never had access to the second trust because the first trust had not been exhausted. Synopsis of Rule of Law. The power over a trust to make a withdrawal that is conditioned upon the occurrence of a certain event ...
Seidel v. Werner
CitationSeidel v. Werner, 81 Misc. 2d 220, 364 N.Y.S.2d 963, 1975 N.Y. Misc. LEXIS 2362 (N.Y. Sup. Ct. 1975) Brief Fact Summary. Steven L. Werner promised his wife, the defendant, Anna G. Werner that he would exercise his power of appointment over a trust in favor of her in his will. Werner made this promise as a part of his divorce and the defendant paid consideration. Synopsis of Rule of Law. Under statutory law, the donee of a power of appointment which is not presently exercisable cannot contract to make an appointment. A promise to exercise a power of appointment in favor of another i ...
Will of Block
CitationIn re Estate of Block, 157 Misc. 2d 716, 598 N.Y.S.2d 668, 1993 N.Y. Misc. LEXIS 194 (N.Y. Sur. Ct. Apr. 19, 1993) Brief Fact Summary. Trustees seek determination of the degree to which Testator’s Son (Son) effectively exercised a limited testamentary power of appointment. Synopsis of Rule of Law. Where there is no compelling evidence of an intention not to exercise a power of appointment, the power is exercised. ...
Will of Carroll
CitationIn re Carroll’s Will, 274 N.Y. 288, 8 N.E.2d 864, 1937 N.Y. LEXIS 843, 115 A.L.R. 923 (N.Y. 1937) Brief Fact Summary. Testrix Daughter Elsa (Testrix) left to her cousin, Paul Curtis (Cousin), a portion of her interest in her father William Carroll’s estate (Father), upon the condition that Cousin share a portion of that estate with Testrix’s husband. Synopsis of Rule of Law. A person having a limited power must exercise it bona fide for the end designed; otherwise the execution is a fraud on the power and is void. ...
Shenandoah Valley National Bank v. Taylor
CitationShenandoah Valley Nat’l Bank v. Taylor, 192 Va. 135, 63 S.E.2d 786, 1951 Va. LEXIS 162, 25 A.L.R.2d 1104 (Va. 1951) Brief Fact Summary. Charles B. Henry created a trust for the children of an elementary school. Each child was to receive an equal share of the income of the trust every year on the last day of school before Easter and the day before Christmas. Synopsis of Rule of Law. To be sustained as a charitable trust, the dominant intent must be charitable and not merely benevolent. The dominant intent is not assessed by a specific intent declared by the trust but by the ...
Estate of Hamilton
CitationEstate of Hamilton, 1989 NYLJ LEXIS 2305 (N.Y. Sur. Ct. Aug. 8, 1989) Brief Fact Summary. Testator Milton W. Hamilton (Testator) died, survived by his spouse, Anita G. Hamilton (Spouse) and daughters, Mary H. MacLaughlin and Gwendolyn H. Stevens, respondents in this action (Respondents). Petitioner Testator’s executor sought a determination as to whether Spouse had effectively exercised the power of appointment granted her in Testator’s 1982 will. Synopsis of Rule of Law. If a donor has expressly directed that no instrument shall be effective to exercise the power of app ...
American National Bank of Cheyenne v. Miller
CitationAmerican Nat’l Bank v. Miller, 899 P.2d 1337, 1995 Wyo. LEXIS 129 (Wyo. July 25, 1995) Brief Fact Summary. The Appellant trustee argues that the district court erred in ordering the early termination of a trust after all beneficiaries consented and sought its termination. Synopsis of Rule of Law. When all beneficiaries of a trust consent they can compel its early termination on the grounds that it lacks any remaining material purpose. ...
Walker v. Walker
CitationWalker v. Walker, 433 Mass. 581, 744 N.E.2d 60, 2001 Mass. LEXIS 174 (Mass. Mar. 23, 2001) Brief Fact Summary. Plaintiffs, trustees of the Donald D. Walker Revocable Trust (Plaintiffs), commenced this action seeking to reform the trust based upon their claim that, due to a mistake, the trust as presently written fails to accomplish the settlor’s goals. Synopsis of Rule of Law. A trust instrument may be reformed to conform to the trust settlor’s intent as long as clear and decisive proof that the instrument fails to embody that intent is presented to the Court. ...
Connecticut General Life Insurance Co. v. First National Bank of Minneapolis
CitationConnecticut General Life Ins. Co. v. First Nat’l Bank, 262 N.W.2d 403, 1977 Minn. LEXIS 1291 (Minn. 1977) Brief Fact Summary. Plaintiff Connecticut Life Insurance Co. (Plaintiff) filed an action to determine the proper recipient of the proceeds of an insurance policy of Insured, John Aughenbaugh (Insured). Insured had created a revocable insurance trust containing the policy and had later executed a document that purported to revoke all previous wills and trusts. Appellant Marilyn Melaas (Appellant), second wife of Insured, sought review of the District Court’s holdings t ...
Adams v. Link
CitationAdams v. Link, 145 Conn. 634, 145 A.2d 753, 1958 Conn. LEXIS 236 (Conn. 1958) Brief Fact Summary. Action brought by plaintiffs for a decree approving a compromise agreement that would terminate a testamentary trust. The Superior Court of Fairfield County found the agreement invalid and plaintiffs appeal. Synopsis of Rule of Law. A testamentary trust that is created in clear and unambiguous language may only be terminated by a decree of a court of equity, notwithstanding any stipulation by all parties in interest. ...
Estate of Kohlsaat
CitationEstate of Kohlsaat v. Commissioner, 1997 Tax Ct. Memo LEXIS 247, T.C. Memo 1997-212, 73 T.C.M. (CCH) 2732 (T.C. May 7, 1997) Brief Fact Summary. Decedent’s estate attempted to claim gift tax exclusions for a right given to contingent beneficiaries to demand payment. An audit of the tax return attempted to deny theses exclusions. Synopsis of Rule of Law. Contingent beneficiaries who have a right to demand payment of trust property, have a present interest in the property that will qualify the Decedent’s estate for a gift tax exclusion. ...
Cohen v. Commissioner
CitationCohen v. Commissioner of the Div. of Medical Assistance, 423 Mass. 399, 668 N.E.2d 769, 1996 Mass. LEXIS 194 (Mass. Aug. 2, 1996) Brief Fact Summary. Beneficiaries of trusts are attempting to claim Medicaid eligibility and argue that the assets held in trust should not be considered when computing their eligibility. The state argues that the language of the statute and the legislative intent compel a different result. Synopsis of Rule of Law. Under the Medicaid statute if there is even a small amount of discretion regarding the availability of funds then whatever the beneficiary c ...
Bacardi v. White
CitationBacardi v. White, 463 So. 2d 218, 1985 Fla. LEXIS 3188, 10 Fla. L. Weekly 93 (Fla. Jan. 31, 1985) Brief Fact Summary. Petitioner argues that she should be able to obtain an order for the garnishment of Respondent-beneficiary’s spendthrift trust for unpaid alimony, future alimony payments, and attorney’s fees. Synopsis of Rule of Law. The payment of alimony and child support is paramount to the public policy behind upholding spendthrift provisions; therefore garnishment of a spendthrift trust should be allowed when traditional methods of enforcement of arrearages are ins ...
Federal Trade Commission v. Affordable Media, LLC
CitationFTC v. Affordable Media, LLC, 179 F.3d 1228, 1999 U.S. App. LEXIS 13130, 1999-1 Trade Cas. (CCH) P72,547, 99 Cal. Daily Op. Service 4689, 99 Daily Journal DAR 5991 (9th Cir. Nev. June 15, 1999) Brief Fact Summary. The defendants, Denyse and Michael Anderson, were the trustees of a trust in the Cook Islands. The United States District Court issued a temporary restraining order to have the funds transferred to the United States for the purpose of a trial where the defendants were charged with fraud. Synopsis of Rule of Law. A party petitioning for an adjudication that another party is ...
Wilcox v. Gentry
CitationWilcox v. Gentry, 254 Kan. 411, 867 P.2d 281, 1994 Kan. LEXIS 12 (Kan. Jan. 21, 1994) Brief Fact Summary. Appellants sought to garnish payments made for the benefit of a beneficiary of a trust. The trial court held that although they could garnish payments made to the beneficiary they could not reach payments made for the benefit of the beneficiary. They now appeal this decision. Synopsis of Rule of Law. If a creditor has a right to reach payments made to a beneficiary they also have a right to reach payments made in a trustee’s discretion for the benefit of the beneficiary ...