CitationMorris v. Estate of West, 643 S.W.2d 204, 1982 Tex. App. LEXIS 5445 (Tex. App. Eastland Nov. 18, 1982) Brief Fact Summary. Appellee contests the probate of her father’s will because one third of the residuary estate was given to her ex-husband. Synopsis of Rule of Law. A subscribing witness to a will must be in the conscious presence of the testator when they sign the will. This requires that no more than a slight physical exertion be required for the testator to see the witness sign. ...
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In re Will of Ranney
CitationIn re Will of Ranney, 124 N.J. 1, 589 A.2d 1339, 1991 N.J. LEXIS 35 (N.J. Apr. 30, 1991) Brief Fact Summary. Two people intending to serve as witnesses to a will signed a sworn affidavit stating they had previously signed their names as witnesses on a will. The attorneys facilitating the will execution ceremony believed the affidavit was sufficient to meet the statutory requirements. The Appellate Court held that the affidavit literally satisfied statutory requirements even though the will did not have an attestation clause. Synopsis of Rule of Law. A statute that allows a signed a ...
Geddings v. Geddings
CitationGeddings v. Geddings, 319 S.C. 213, 460 S.E.2d 376, 1995 S.C. LEXIS 123 (S.C. July 24, 1995) Brief Fact Summary. Appellants contend that Respondent waived her right to an elective share of her husband’s estate. Respondent seeks to invoke this right claiming that the waiver was invalid. Synopsis of Rule of Law. A valid wavier of a spouse’s elective share must be made in a signed contract but only after a fair disclosure. ...
Estate of Glomset
CitationGlomset v. Ghan (In re Estate of Glomset), 547 P.2d 951, 1976 OK 30, 1976 Okla. LEXIS 405 (Okla. 1976) Brief Fact Summary. Appellee contends that she was a pretermitted heir and entitled to share in the distribution of her father’s estate. Appellants argue that extrinsic evidence should be admissible to show why the decedent intentionally omitted the Appellee from his will. Synopsis of Rule of Law. Where no ambiguity appears on the face of a will, extrinsic evidence will not be allowed to show why a child was left out of a will by their parent. ...
Estate of Baird
CitationIn re Estate of Baird, 131 Wn.2d 514, 933 P.2d 1031, 1997 Wash. LEXIS 170 (Wash. Apr. 3, 1997) Brief Fact Summary. James Baird was convicted of assaulting his wife and attempted to execute an instrument disclaiming any interest in his mother’s estate. His mother, Phyllis Baird, died intestate and her two grandchildren attempted to have their father’s disclaimer declared valid. Synopsis of Rule of Law. An individual may disclaim in whole or part any interest in a decedent’s estate, however such disclaimer must be delivered after the creation of the interest. ...
Sullivan v. Burkin
CitationSullivan v. Burkin, 390 Mass. 864, 460 N.E.2d 572, 1984 Mass. LEXIS 1318 (Mass. Jan. 23, 1984) Brief Fact Summary. Ernest G. Sullivan executed a will and created an intervivos trust of all of his real property. He specifically failed to make a provision to the appellant, his wife Mary Sullivan, or his grandson, Mark Sullivan in the trust or the will. The appellant sought a determination that the trust property be included as a part of his estate. Synopsis of Rule of Law. A trust with a remainder interest is not an invalid testamentary disposition just because the settlor during his ...
Woodward v. Commissioner of Social Security
CitationWoodward v. Comm’r, 435 Mass. 536, 760 N.E.2d 257, 2002 Mass. LEXIS 1, 17 A.L.R.6th 851 (Mass. Jan. 2, 2002) Brief Fact Summary. Warren Woodward decided to put his semen in a holding bank so his wife could be artificially inseminated decided to After learning that he his sickness may later cause him to be sterile,. After he died three years later, appellant, his wife, Lauren Woodward, wife became pregnant and bore children as a result of the insemination. The wife filed an application to receive her husband’s social security benefits on behalf of her children. Synopsis ...
Estate of Villwock
CitationIn re Estate of Villwock, 142 Wis. 2d 144, 418 N.W.2d 1, 1987 Wisc. App. LEXIS 4254 (Wis. Ct. App. Nov. 3, 1987) Brief Fact Summary. Mary Hitz sought application of the Simultaneous Death Act because of inconsistencies in determining time of death of her father and his wife. Based on the trial court’s determination Hitz’s father predeceased his wife and his entire estate passed to her. Synopsis of Rule of Law. Because it is beyond medical ability to fix an exact moment of death inconsistencies in the time of death by medical professionals are not incredible as a matter o ...
Estate of Brittin
CitationIn re Estate of Brittin, 247 Ill. App. 3d 756, 617 N.E.2d 877, 1993 Ill. App. LEXIS 1123, 187 Ill. Dec. 420 (Ill. App. Ct. 4th Dist. July 29, 1993) Brief Fact Summary. Petitioners filed a claim against decedent’s estate seeking compensation for personal services performed for the decedent during her lifetime. Respondent and executor of decedent’s estate alleges that summary judgment is proper as the Petitioners were already paid for their services when he turned over CDs that the parties held as joint tenants with right of survivorship. Synopsis of Rule of Law. Services ...
Wingate v. Estate of Ryan
CitationWingate v. Estate of Ryan, 149 N.J. 227, 693 A.2d 457, 1997 N.J. LEXIS 147 (N.J. May 19, 1997) Brief Fact Summary. Plaintiff argues that the Probate Code’ statute of limitations applies to her claim and allows her to file a claim within a reasonable time and after reasonable notice and publication. Defendants contend that the twenty-three year statute of limitations from the Parentage Act apply and bar Plaintiff’s claim. Synopsis of Rule of Law. The twenty-three year statute of limitations period of the Parentage Act did not apply to an intestacy claim by a thirty-one ...
In re Estate of Martineau
CitationIn re Estate of Martineau, 126 N.H. 250, 490 A.2d 779, 1985 N.H. LEXIS 290 (N.H. Mar. 18, 1985) Brief Fact Summary. Decedent died intestate with no surviving spouse, issues, parents, siblings, or grandparents. The administrator of decedent’s estate sought decree of the court to determine how to distribute the estate. Appellant appeals the trial court’s decision. Synopsis of Rule of Law. The trial court was correct in finding that the state’s probate code allowed for an estate to be distributed by right of representation. ...
Estate of Donnelly
CitationIn re Estates of Donnelly, 81 Wn.2d 430, 502 P.2d 1163, 1972 Wash. LEXIS 747, 60 A.L.R.3d 620 (Wash. 1972) Brief Fact Summary. Kathleen M. Kelly as administratix of the decedent’s estate alleges that Jean Louise Iverson, her niece, should not inherit from the decedent. State statue provides that an adopted child is not to be considered an heir of his natural parents, however it does not state whether an adopted child shall not take from his natural grandparent. Synopsis of Rule of Law. Although the state statute does not expressly provide the Court finds that the legislatu ...
Franklin v. Anna National Bank of Anna
CitationFranklin v. Anna Nat’l Bank, 488 N.E.2d 1117, 140 Ill. App. 3d 533, 1986 Ill. App. LEXIS 1740, 94 Ill. Dec. 870 (Ill. App. Ct. 5th Dist. Feb. 10, 1986) Brief Fact Summary. Frank A. Whitehead created a joint bank account with Cora Goddard and later changed the name on the account to plaintiff, Enola Stevens Franklin. Both women provided personal care for Whitehead while he was losing his eyesight. At his death, the circuit court awarded Goddard the funds in the bank account as the joint survivor. Synopsis of Rule of Law. A joint tenancy account presumptively creates a gift unl ...
Estate of Goick
CitationIn re Estate of Goick, 909 P.2d 1165, 1996 Mont. LEXIS 2, 275 Mont. 13, 53 Mont. St. Rep. 12 (Mont. Jan. 9, 1996) Brief Fact Summary. Appellants claim that Respondent is not the surviving spouse but rather the ex-wife of the decedent. Therefore it was error of the court to appoint the Respondent as the personal representative of the decedent’s estate. Synopsis of Rule of Law. When no divorce decree or order is on record a party will not be estopped from claiming that she is not divorced from the decedent. A divorce decree cannot be based on an oral agreement between parties ...
Barcelo v. Elliot
CitationBarcelo v. Elliott, 923 S.W.2d 575, 1996 Tex. LEXIS 46, 39 Tex. Sup. J. 607 (Tex. May 10, 1996) Brief Fact Summary. Plaintiff grandchildren contend that they should be able to maintain a lawsuit for legal malpractice against the Defendant attorney who allegedly negligently drafted a trust agreement for which they were beneficiaries. Synopsis of Rule of Law. Intended beneficiaries of a will or trust will be denied a cause of action for legal malpractice against the attorney retained by the testator as there is no professional duty of care owed to such persons. ...
Gruen v. Gruen
CitationGruen v. Gruen, 68 N.Y.2d 48, 496 N.E.2d 869, 505 N.Y.S.2d 849, 1986 N.Y. LEXIS 19366, 83 A.L.R.4th 955 (N.Y. July 8, 1986) Brief Fact Summary. Plaintiff contends that he is the owner of a painting gifted to him by his father, prior to his father’s death, even though his father retained possession of the painting. Synopsis of Rule of Law. In order to have a valid inter vivos gift one must show an intent of the part of the donor to make a present transfer, delivery of the gift, and acceptance by the donee. A present transfer may include the creation of a remainder in chattel. ...
Ford v. Ford
CitationFord v. Ford, 307 Md. 105, 512 A.2d 389, 1986 Md. LEXIS 272 (Md. July 25, 1986) Brief Fact Summary. Petitioner, George Benjamin Ford, Jr. asserts that Respondent, Pearl Rose Ford is not entitled to obtain property under their mother’s will even though she was insane at the time she murdered her mother. Synopsis of Rule of Law. The “slayer’s rule”, which prevents an individual who commits a felonious and intentional homicide from sharing in the distribution of the decedent’s estate, is not applicable when the killer was not criminally responsible for the ...
Hotz v. Minyard
CitationHotz v. Minyard, 304 S.C. 225, 403 S.E.2d 634, 1991 S.C. LEXIS 85 (S.C. Apr. 8, 1991) Brief Fact Summary. Appellant brought suit against her father’s attorney alleging breach of fiduciary duty for his failure to disclose the existence of a second will executed by her father. Synopsis of Rule of Law. A fiduciary relationship exists when one has a special confidence in another so that the latter, in equity and good conscience, is bound to act in good faith. ...
Pond v. Pond
CitationPond v. Pond, 424 Mass. 894, 678 N.E.2d 1321, 1997 Mass. LEXIS 106 (Mass. May 13, 1997) Brief Fact Summary. Sidney M. Pond created a trust with his wife that provided income to him and his wife for their lives. However, the trust failed to make a provision for his wife if he predeceased her. The wife petitioned the court to reform the trust to conform to her husband’s intent to provide for her and have the trust qualify for a surviving spouse marital deduction under federal estate tax laws. Synopsis of Rule of Law. A trust instrument may be reformed where the instrument fails ...
Shapira v. Union National Bank
CitationShapira v. Union Nat’l Bank, 39 Ohio Misc. 28 (Ohio P. Ct. Jan. 22, 1974) Brief Fact Summary. Action was brought by Plaintiff for a declaratory judgment and the construction of the will of his father, David Shapira, testator. Synopsis of Rule of Law. A gift conditioned upon the beneficiary marrying within a particular religious class or faith is reasonable. ...
Estate of Kurz v. Commissioner
CitationEstate of Kurz by First Nat’l Bank v. Commissioner, 68 F.3d 1027, 1995 U.S. App. LEXIS 30963, 95-2 U.S. Tax Cas. (CCH) P60,215, 76 A.F.T.R.2d (RIA) 7309 (7th Cir. Oct. 30, 1995) 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 m ...
Estate of Rapp v. Commissioner
CitationEstate of Rapp v. Commissioner, 140 F.3d 1211, 1998 U.S. App. LEXIS 5020, 98-1 U.S. Tax Cas. (CCH) P60,304, 81 A.F.T.R.2d (RIA) 1151, 98 Cal. Daily Op. Service 1905, 98 Daily Journal DAR 2694 (9th Cir. Mar. 18, 1998) Brief Fact Summary. Mr. Bet Rapp died in February 1988 survived by his wife Laura Rapp, and two children, Richard and David Rapp. Laura Rapp petitioned the probate court to reform the trust in her husband’s will so that it would qualify as a “qualified terminable interest property,” (hereinafter “QTIP”) trust. The probate court reformed th ...
Old Colony Trust Co v. United States
CitationOld Colony Trust Co. v. United States, 423 F.2d 601, 1970 U.S. App. LEXIS 10107, 70-1 U.S. Tax Cas. (CCH) P12,667, 25 A.F.T.R.2d (RIA) 1549 (1st Cir. Mass. Mar. 26, 1970) Brief Fact Summary. A settlor created a trust and reserved to himself the power to increase the income at his discretion and cease making payments to the beneficiary whenever he believed that it was in the beneficiary’s best interests. When the settlor died, the executor paid taxes on the trust principal and sued to recover the amount in district court. Synopsis of Rule of Law. The corpus of a trust is includ ...
Estate of Vissering v. Commissioner
CitationEstate of Vissering v. Commissioner, 990 F.2d 578, 1993 U.S. App. LEXIS 6948, 93-1 U.S. Tax Cas. (CCH) P60,133, 71 A.F.T.R.2d (RIA) 2190 (10th Cir. Apr. 6, 1993) Brief Fact Summary. Norman H. Vissering’s mother created a trust and named the decedent, Norman Vissering, and the Bank as trustees. Under the trust, the decedent had the power to invade the principal to make payments that were required for the support of the beneficiary. The Tax Court determined that the trust principal was a part of the decedent’s estate for federal estate tax purposes. Synopsis of Rule of La ...
Estate of Cristofani v. Commissioner
CitationEstate of Cristofani v. Commissioner, 97 T.C. 74, 1991 U.S. Tax Ct. LEXIS 68, 97 T.C. No. 5 (T.C. July 29, 1991) Brief Fact Summary. The decedent, Maria Cristofani claimed estate tax exclusions of $10,000 for seven years based on a transfer to an irrevocable trust in favor of her children and grandchildren. The Internal Revenue Service invalidated the exclusions that made the gifts in regard to the interest of her grandchildren on grounds that the exclusions were not based on present transfers of property. Synopsis of Rule of Law. Whether a gift is a present interest under Section 2 ...