Citation109 Minn. 456; 124 N.W. 221; 1910 Minn. View this case and other resources at: Brief Fact Summary. Plaintiffs sued for damage to their wharf that caused by defendant’s vessel, docked there during a storm. A jury awarded damages and Defendant sought review. Synopsis of Rule of Law. Where one reasonably believes his interests outweigh the loss or harm another may incur, his conduct is privileged. That person will be held liable, however, to the extent he or she causes damage to another’s property or land. ...
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Stewart v. Motts
Citation. Stewart v. Motts, 539 Pa. 596 (Pa. Feb. 15, 1995) Brief Fact Summary. John Stewart (Appellant) suffered burns after an accident in Motts’ (Appellee) auto body shop after the automobile on which they were jointly working ignited. The Superior Court of Pennsylvania affirmed a judgment in favor of Appellee in Appellant’s negligence action seeking damages for personal injuries. Appellant sought review. Synopsis of Rule of Law. The standard of reasonable care applies to all negligence actions, i.e., the reasonable person must exercise care in proportion to the danger involv ...
Great Atlantic & Pacific Tea Co. v. Paul
Citation. Great Atlantic & Pacific Tea Co. v. Paul, 256 Md. 643 (Md. 1970) Brief Fact Summary. Paul (Appellee) claimed that a food store’s employee falsely accused him of shoplifting, searched him, and detained him unlawfully. In his action against the food store for assault and battery, slander, and false imprisonment the shopper recovered compensatory and punitive damages. On appeal, the court affirmed the judgment. Synopsis of Rule of Law. The necessary elements of a case for false imprisonment are a deprivation of the liberty of another without his consent and without legal ju ...
Katko v. Briney
Citation3 Cal. 69, 1853 Cal. Brief Fact Summary. Marvin E. Katko (Plaintiff), filed an action for damages resulting from serious injury caused by a shot from a 20-gauge spring shotgun. The shotgun was set by Edward and Bertha Briney (Defendants), in a bedroom of an old farmhouse, which had been uninhabited for several years. Synopsis of Rule of Law. The value of human life and limb both to an individual and as a matter of public policy outweighs the potential damage to property. Thus, while a defendant may use reasonable force in defense of her property, he has no right to willfully and int ...
Brown v. Martinez
Citation. Brown v. Martinez, 68 N.M. 271 (N.M. 1961) Brief Fact Summary. Brown (Plaintiffs) brought an action for injuries sustained when shot while stealing watermelons. The District Court for McKinley County (New Mexico) ruled in favor of Martinez (Defendant), the property owner. Plaintiffs appealed. Synopsis of Rule of Law. There is no privilege to use any force calculated to cause death or serious bodily injury when only property is threatened. ...
Surocco v. Geary
Citation3 Cal. 69, 1853 Cal. View this case and other resources at: Brief Fact Summary. Alcalde of San Francisco (Defendant), in the midst of a massive fire, destroyed Plaintiff’s house in an effort to stave off the fire. Synopsis of Rule of Law. A person who tears down or destroys the house of another, in good faith, and under apparent necessity, during a deadly fire, in an effort to save the adjacent buildings and to stop the fire’s progress, cannot be held personally liable in an action by the owner in connection with the destroyed property. ...
McCann v. Wal-Mart Stores, Inc.
CitationMcCann v. Wal-Mart Stores, Inc., 210 F.3d 51 (1st Cir. Me. Apr. 14, 2000) Brief Fact Summary. In a false imprisonment case, Debra McCann (Plaintiff) contended that Wal-Mart Stores, Inc.’s (Defendant) employees stopped the McCann’s as they were leaving the store, claiming that Plaintiff’s children had been previously caught shoplifting, and could not re-enter the store. The employees detained Plaintiffs until a security officer determined that the children were not the children who had been caught previously. Synopsis of Rule of Law. False imprisonment occurs when a p ...
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 ...
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. ...
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 ...
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 ...
Allard v. Pacific National Bank
CitationAllard v. Pac. Nat’l Bank, 99 Wn.2d 394, 663 P.2d 104, 1983 Wash. LEXIS 1486 (Wash. Apr. 28, 1983) Brief Fact Summary. Trust beneficiaries claimed that the trustee breached his fiduciary duty when he sold the sole trust asset for less than its fair market value. Synopsis of Rule of Law. Except where impossible, illegal, or where a change of circumstances would impair the purposes of a trust, the nature and extent of the duties and powers of a trustee are determined by the trust agreement. ...
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 ...
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 ...
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 ...
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 ...
Estate of Holt
CitationIn re Estate of Holt, 75 Haw. 224, 857 P.2d 1355, 1993 Haw. LEXIS 44 (Haw. Sept. 16, 1993) Brief Fact Summary. Appellant Guardian ad Litem (Appellant) of unascertained or yet unborn trust beneficiaries challenges a lower court judgment entered for Appellee Trustee (Appellee) in Appellee’s petition seeking instructions to determine the correct termination date of the trust. Synopsis of Rule of Law. When a gift is made in a will to heirs of a designated person, the word “heirs” means persons who succeed to the property of such designated person under the law which gov ...
Estate of Coates
CitationEstate of Coates, 438 Pa. Super. 195, 652 A.2d 331, 1994 Pa. Super. LEXIS 3770 (Pa. Super. Ct. Dec. 23, 1994) Brief Fact Summary. Testatrix Florence Coates (Testatrix) established a trust in her will to pay net income to her daughter for life, and upon her daughter’s death, to the daughter’s children, and upon the death of the last of her grandchildren, to be divided among her great-grandchildren per stirpes. Upon the death of the great-grandchildren, one-half of the principle was to paid to Appellant hospital. Appellant hospital challenged the great-grandchildren’s ...
Industrial National Bank of Rhode Island v. Barrett
CitationIndustrial Nat’l Bank v. Barrett, 101 R.I. 89, 220 A.2d 517, 1966 R.I. LEXIS 359 (R.I. 1966) Brief Fact Summary. Bill in equity brought by Industrial National Bank and Aline C. Lathan (Plaintiffs), executors and trustees, under the will of Mary M. Tilley (Testator), for the construction of Testator’s will and determination of the form of her power of appointment. Synopsis of Rule of Law. When an individual exercises a general power of appointment, he is at that time the practical owner of the property in issue for the purposes of the Rule Against Perpetuities because he c ...
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 ...
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 ...