CitationIn re Estate of Potter, 469 So. 2d 957, 1985 Fla. App. LEXIS 14338, 10 Fla. L. Weekly 1382 (Fla. Dist. Ct. App. 4th Dist. June 5, 1985) Brief Fact Summary. Decedent’s estate was insufficient to cover both a specific legacy to her daughter and general legacy to her son. The trial court ordered the sale of the specific legacy in order to treat the two children equally. Appellant challenged this order. Synopsis of Rule of Law. General legacies, which may be satisfied out of the general assets of the testator’s estate, will abate before specific legacies, which are gifts ...
Search Results
Clark v. Greenhalge
CitationClark v. Greenhalge, 411 Mass. 410, 582 N.E.2d 949, 1991 Mass. LEXIS 583 (Mass. Dec. 16, 1991) Brief Fact Summary. Helen Nesmith executed a will and made reference to a document outside of the will that would give guidance on how to distribute her estate. The executor, also a beneficiary under the will, refused to distribute a painting in accordance with a notebook that listed how Nesmith wanted to distribute certain pieces of personal property at her death. The probate judge found that the notebook was incorporated by reference into the will. Synopsis of Rule of Law. A document ma ...
Zhao v. Wong
CitationZhao v. Wong, 48 Cal. App. 4th 1114, 55 Cal. Rptr. 2d 909, 1996 Cal. App. LEXIS 795, 96 Cal. Daily Op. Service 6239, 96 Daily Journal DAR 10149 (Cal. App. 1st Dist. Aug. 20, 1996) Brief Fact Summary. Appellant contends that a handwritten note that was found in the decedent’s office, which contained no subject, verb, or description of property, cannot be a valid holographic will. Respondent, the decedent’s girlfriend, argues that the note is a valid holographic will passing the decedent’s estate to her. Synopsis of Rule of Law. Although a will does not require any ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
Estate of Maxwell v. Commissioner
CitationEstate of Maxwell v. Commissioner, 3 F.3d 591, 1993 U.S. App. LEXIS 21461, 93-2 U.S. Tax Cas. (CCH) P60,145 (2d Cir. Aug. 23, 1993) Brief Fact Summary. The decedent, Lydia G. Maxwell transferred her property to her son and daughter-in-law, the Maxwells. The decedent continued to reside in the property until her death. The Maxwells transferred a mortgage note in the amount of $250,000 to the decedent. The decedent paid rent payments to the Maxwells in the amount of the interest on the property and forgave their mortgage debt in full upon her death. Synopsis of Rule of Law. Under I. ...
National Academy of Sciences v. Cambridge Trust Co
CitationNat’l Acad. of Scis. v. Cambridge Trust Co., 370 Mass. 303, 346 N.E.2d 879, 1976 Mass. LEXIS 981 (Mass. 1976) Brief Fact Summary. Florence R. Troland was the beneficiary of a trust created by her husband. Under the trust, If Troland remarried, she was to stop receiving payments. When Troland remarried, she continued to receive payments and did not notify the trustee that she had remarried. Synopsis of Rule of Law. If a person makes a representation of a fact, as of his own knowledge, in relation to a subject matter susceptible of knowledge, and such representation is not true ...
Holtz
CitationEstate of Holtz v. Commissioner, 38 T.C. 37, 1962 U.S. Tax Ct. LEXIS 158 (T.C. 1962) Brief Fact Summary. Leon Holtz created a revocable trust that paid income to him for life as much as the principal trustee believed was necessary for his welfare, comfort, and support, or for his hospitalization or other emergency needs. Upon his death, the income was to be paid to his wife in the amount that the principal trustee believed was necessary for her welfare, comfort and support, or for her hospitalization or other emergency needs. The court determines whether the trust is subject to a g ...
Dennis v. Rhode Island Hospital Trust Co F.2d 893
CitationDennis v. Rhode Island Hospital Trust Nat’l Bank, 744 F.2d 893, 1984 U.S. App. LEXIS 18108 (1st Cir. R.I. Sept. 28, 1984) Brief Fact Summary. The plaintiffs, the great-grandchildren of Alice Sullivan, are the beneficiaries of a trust created under a will. The plaintiffs allege that the Bank trustee breached various fiduciary obligations under the trust. Synopsis of Rule of Law. A trustee is under a duty to the beneficiary who is ultimately entitled to the principal not to retain property which is certain or likely to depreciate in value, although the property yields a large in ...
Fletcher v. Fletcher
CitationFletcher v. Fletcher, 253 Va. 30, 480 S.E.2d 488, 1997 Va. LEXIS 16 (Va. Jan. 10, 1997) Brief Fact Summary. Elinor J. Fletcher created several trusts for the benefit of her children. The trustees refused to let the children see all of the portions of the trust. The trustee claimed that the grantor orally instructed them to keep the terms and the dealings of the trust confidential. Synopsis of Rule of Law. The terms of a trust may regulate the amount of information which the trustee must give and the frequency with which it must be given, but the beneficiary is always entitled to su ...
Estate of Collins
CitationEstate of Collins, 72 Cal. App. 3d 663, 139 Cal. Rptr. 644, 1977 Cal. App. LEXIS 1755 (Cal. App. 2d Dist. July 13, 1977) Brief Fact Summary. The defendants, Carl Lamb and C.E. Millikan, were the trustees over a testamentary trust which authorized the trustees to purchase every kind of property, real, personal or mixed, and every kind of investment.” The defendants lost about $60,000 of the trust fund that was initially $80,000. Synopsis of Rule of Law. In dealing with trust property, trustees must exercise the judgment and care, under the circumstances then prevailing, which ...
In re Gleeson
CitationIn re Will of Gleeson, 5 Ill. App. 2d 61, 124 N.E.2d 624, 1955 Ill. App. LEXIS 302 (Ill. App. Ct. 3d Dist. 1955) Brief Fact Summary. Mary Gleeson leased farm land to the petitioner, Con Colbrook. Two weeks before the lease expired, Gleeson died. She devised the farm land to The petitioner as trustee for her children. However, the petitioner remained on the property for another year. Synopsis of Rule of Law. A trustee may not deal in his individual capacity with the trust property. ...
In re Rothko
CitationIn re Estate of Rothko, 43 N.Y.2d 305, 372 N.E.2d 291, 401 N.Y.S.2d 449, 1977 N.Y. LEXIS 2465 (N.Y. 1977) Brief Fact Summary. Mark Rothko left numerous paintings in his will to his children. Bernard J. Reis, Theodoros Stamos, and Morton Levine were the executors of his estate. Rothko’s children filed suit claiming that the executors entered into improper business transactions to sell the paintings. Synopsis of Rule of Law. Trustees have a duty of loyalty that prevents them from accepting employment from a third party who is entering into a business transaction with the trust. ...
Hartman v. Hartle
CitationHartman v. Hartle, 95 N.J. Eq. 123, 122 A. 615, 1923 N.J. Ch. LEXIS 24, 10 B Stockton 123 (Ch. Nov. 17, 1923) Brief Fact Summary. Dorothea Glick created a will leaving her property to her five children. The complainant, one of her children, sued the trustee and the executor for selling the property to the executor’s wife and keeping the profits off of the subsequent. sale of the property to an innocent purchaser. Synopsis of Rule of Law. A trustee nor his wife may purchase property from himself at his own sale unless leave to do so has been previously obtained under an order o ...
In re Neher
CitationIn re Neher’s Will, 279 N.Y. 370, 18 N.E.2d 625, 1939 N.Y. LEXIS 866 (N.Y. 1939) Brief Fact Summary. Neher devised her property to the Village of Red Hook, in memorial of her husband, to be used as a hospital known as, “Neher Memorial Hospital.” Synopsis of Rule of Law. When compliance with a grafted direction of a charitable purpose is impracticable, the court may execute the gift cy pres through a scheme framed by the court for carrying out the trust’s general charitable purpose. ...
In re Trust of Wold
Citation310 N.J. Super. 382,708 A.2d 787,1998 N.J. Super. Brief Fact Summary. Elaine Johnson Wold intends to exercise her power of appointment that was granted to her by her father J. Seward Johnson. Wold petitions the court to determine whether the exercise of this power will be covered under the New Jersey Uniform Statutory Rule Against Perpetuities because the rule, which creates greater flexibility concerning the time period in which interests must vest, does not apply retroactively. Synopsis of Rule of Law. Under the New Jersey Uniform Statutory Rule Against Perpetuities Act, an interes ...