Forum: Wills, Trusts & Estates

ARNHEITER V. ARNHEITER 125 A.2d914 (1956) Procedure: Executrix brought action to correct mistake in will. Facts: Guterl died on December 31,...

Azcunce v. Estate of Azcunce, 586 So. 2d 1216 (1991). Procedure: Appellant challenged the order of the Circuit Court of Dade County (Florida),...

Bellotti v. Baird, 443 U.S. 622 (1979). Facts: Dr. Baird (P) filed suit in federal district court to enjoin enforcement of a Massachusetts...

Brainard v. Commissioner of Internal Revenue Procedure: Petition by Millar Brainard for review of a decision of the Board of Tax Appeals...

BREEDEN V. STONE 992 P2d 1167 (2000) PROCEDURAL POSTURE: Petitioners, members of decedent's family, challenged the Colorado Court of Appeals'...

BROBST V. BROBST 155 N.W. 734 (1916) PROCEDURAL POSTURE: Plaintiff payee's daughter brought suit against defendant on a promissory note for a...

CAREY V. POPULATION SERVICES, INC. 431 U.S. 678 (1977) FACTS: New York had a law that made it a crime for anyone to sell of distribute any type of...

Cook v. Horn PROCEDURE: Action against trustee under inter vivos to terminate trust. From a judgment of the Superior Court, Chatham County,...

CREED V. MCALEER 175 N.E. 761 (1931) PROCEDURAL POSTURE: Appellant estate sought review of the decree of the probate Court for the county of...

DICKINSON, APPELLANT 25 N.E. 99 (Mass. 1890) PROCEDURE: Appeal from a decree of the Probate Court, disallowing in part the account of William A....

DURION V. CONNELLY 92 A. 906 (Ch. 1915) PROCEDURE: Complainant seeks a decree for the specific performance of a contract wherein defendant,...

ERICKSON V. ERICKSON 716 A.2d92 (1993) Procedure: Testator's daughter appealed from a decree of the Probate Court for the District of Madison...

ESTATE OF BALDWIN 442 A.2d 529 (Me. 1932) PROCEDURAL POSTURE: Appellant, the representative of the minor children of a deceased business owner...

ESTATE OF BIXBY 140 Cal.App.2d 326 (1956) PROCEDURAL POSTURE: Appellants, guardian and trustees, challenged a ruling from the Superior Court of...

ESTATE OF CRISTOFANE V. COMMISSIONER 97 T.C. 74 (1991) PROCEDURAL POSTURE: Petitioner estate sought review of the decision of respondent...

ESTATE OF GLOMSET 547 P.2d 951 (Okla. 1976) PRIOR HISTORY: Certiorari to the Court of Appeals, Division No. 2. Appellee's Motion for Declaratory...

ESTATE OF MAXWELL V. COMMISSIONER PROCEDURAL POSTURE: Petitioners, estate and executors, appealed from a decision entered in the United States...

Estate of Maxwell v. Commissioner, 3 F.3d 591 (1993). Facts: About two years before her death, decedent transferred ownership of her house to...

Estate of Parsons, 163 Cal. Rptr. 70 (1980) Facts: Three persons signed the will of the decedent, Geneve Parsons (T): Evelyn Nielson, Marie Gower...

Estate of Rapp v. Commissioner Procedure: estate challenged the decision of the United States Tax Court, which determined that a trust...

Estate of Rehwinkel Procedure: Son of devisee who predeceased testator filed petition for order declaring him an heir of testator. Facts: The...

Estate of Rolfe Procedural: Beneficiaries under will appealed from decree of the Merrimack County Probate Court, Cushing, J., awarding executor's...

ESTATE OF RUSSELL 69 Cal. 2d 200, 444 R2d 353, 70 Cal. Reptr. 561 (1963) Procedure: APPEAL from a judgment of the Superior Court of San Diego...

Estate of Shannon, 274 Cal. Rptr. 338 (1990). Procedure: Petitioner executor sought review of an order of the Superior Court of San Diego County...

Estate of Ulrikson Procedure: Proceeding was instituted in contest over construction of a residuary clause of will. The decision of the Hennepin...

Estate of Vissering v. Commissioner, 990 F.2d 578 Procedure: Petitioner estate appealed a decision of the United States Tax Court, which held...

FALL V. MILLER 462 N.E.2d 1059 (1934) PROCEDURAL POSTURE: Appellant legatee sought review of a decision of the Putnam Circuit Court (Indiana),...

FIRST ALABAMA BANK V. SPRAGINS 515 So.2d 962 (Ala. 1937) PROCEDURAL POSTURE: Defendant trustee appealed the judgment of the Madison Circuit...

FIRST NATIONAL BANK V. NATIONAL BROADWAY BANK 51 N.E. 398 (1898) PROCEDURAL POSTURE: The Appellate Division of the Supreme Court in the First...

FRANCIS v. FRANKLIN 471 U.S. 307 (1965) FACTS: Franklin (D) shot an individual during the course of his prison escape. Franklin (D) was tried,...

Geddings v. Geddings 319 SC. 213. 460 S.E.2d 376 (1996) PRIOR HISTORY: Appeal From Spartanburg County. J. Derham Cole, Judge. PROCEDURAL...

Hall v. Vallandingham FACTS: Earl died survived by his widow, and their 4 kids. 2 yr later, Elizabeth (widow) married J, who adopted the kiddos....

HARRISON V. BIRD 621 So. 2d 972 (1993) Procedure: The proponent of a will appeals from a judgment of the Circuit Court of Montgomery County...

HODEL V. IRVING 481 U.S. 704 (1937) Facts: Congress controlled the passage of Indian lands and created a good deal of problems with a system...

HOLTZS ESTATE V. COMMISSIONER 33 T.C. 37 (1962) PROCEDURAL POSTURE: Petitioner taxpayers brought an action to challenge deficiencies determined...

Hotz v. Minyard 403 S.E.2d 634 (S.C. 1991) Facts: Judy Minyard Hotz (P) and Tommy Minyard (Dl) are brother and sister. Dl has been in charge of...

IN RE BIRD'S ESTATE 225 Cal.App.2d 196 (1964) PROCEDURAL POSTURE: Appellant trustee sought review of the judgment of the Superior Court of...

IN RE ENGER'S WILL 30 NW.2d 694 (1943) PROCEDURAL POSTURE: Appellant trustee sought clarification of an opinion holding that an order allowing...

IN RE ESTATE OF GILBERT 156 Misc. 2d 379, 592 N.Y.S.2d 224 (1992) PROCEDURAL POSTURE: Plaintiff, executor of defendant's father's estate, filed...

IN RE ESTATE OF HALL 51 P.3d 1134 (2002) Procedure: Testator's wife applied to informally probate the joint will. Testator's daughter from a...

IN RE ESTATE OF KURALT 15 P.3d 931 (Mont. 2000). Procedure:Testator's longtime personal companion challenged testamentary disposition of...

In re Estate of Mahoney FACTS: The decedent, Howard Mahoney, died intestate after being shot to death by his wife, Charlotte Mahoney (P), who was...

In re Estate of Wright, 60 P.2d 434 (Cal. 1936). Facts: Wright (T) died 16 months after executing a will that devised a house, personal...

IN RE GRADY 426 A.2d 467 (1931) FACTS: Grady was a 19 year old mentally impaired woman seriously inflicted with Down's syndrome She was unable to...

IN RE HELLER 800 N.Y.S.2d 207 (App. Div. 2005) PROCEDURAL POSTURE: Petitioner income beneficiary appealed an order by the Westchester County...

In re Honigman 168 N.E.2d 676 (N.Y. 1960) Facts: Prior to his death, the decedent, Frank Honigman, told friends and strangers alike that he...

IN RE PAVLINKO'S ESTATE 394 Pa. 564,143 A.2d 523 (1959) Procedure:Proceeding in the matter of the probate of the will of the deceased. From a...

IN RE SEARIGHT'S ESTATE 37 Ohio App. 417, 95 N.E.2d 779 (1950) Procedure: Proceeding in the matter of the estate of George P. Searight, deceased....

In re Snide 52 N.Y.2d 193. 418 N.E.2d 656. Procedure:Appeal was taken from an order of the Supreme Court, Appellate Division, which reversed a...

In re Tipler's Will FACTS: Tipler made a holographic codicil to her will that stated that her estate should be distributed according to the...

In re Will of Moses 227 So. 2d 829 (Miss. 1969) Facts: Fannie Taylor Moses (T), during her second marriage, became friends with Clarence Holland,...

IN RE WILL OF RANNEY 124 N.J. 1, 539 A.2d 1339 (1991) Procedure:Widow challenged admission of testator's will to probate based on witnesses'...

IRWIN UNION BANK & TRUST CO. V. LONG 160 Ind. App. 509, 312 N.E.2d 908(1974) PROCEDURAL POSTURE: Appellant bank sought review of the order...

Janus v. Tarasewicz 482 N.E.2d 418 (111. 1985). Facts: This declaratory judgment action arose out of the deaths of a husband and wife who died...

Jimenez v. Lee FACTS: As a minor, Jimenez (P) received a bond and a cash gift, which were held by her and one of her parents jointly The donors of...

Lambeff v. Farmers Co-operative Executors & Trustees Ltd., 56 S.A.S.R. 323 (1991). Facts: Lambeff (P) is the only daughter of the deceased P...

Latham v. Father Divine, 85 N.E.2d 168 (NY. 1949). Facts: The complaint brought by Ps (first cousins of the decedent) alleged the following facts:...

Lipper v. Weslow 369 S.W.2d 698 (Tex. 1963) Facts: Mrs. Sophie Block (T) executed a will written by her son, Frank Lipper, a lawyer, 22 days...

LORING V. MARSHALL 396 Mass. 166, 434 N.E.2d 1315 (1935) PROCEDURAL POSTURE: Complainant trustee commenced an action in the Supreme Judicial...

LOVING V. VIRGINIA 333 U.S. 1 (1967) FACTS: Loving (D), a white man, and Jeter (D), a black woman, were married in the District of Columbia,...

MATTER OF THE ESTATE OF COLLINS 453 N.E.2d 797 (1933) PROCEDURAL POSTURE: Defendant companies appealed from an order of the Circuit Court of...

McGee v. McGee Procedure: Administrator brought action for declaratory judgment with respect to will provisions relating to payment of debts and...

MILLER V. PENDER 34 A.2d 663 (1943) PROCEDURAL POSTURE: Plaintiff sought review of a decision by the trial court that found that that defendant...

Minary v. Citizens Fidelity Bank & Trust Co. FACTS: The will of the decedent, Amelia Pl, devised her residuary estate in trust to pay the income...

Moss v. Axford Procedural: Suit by Sarah Moss and another against Henry W. Axford, as executor of the last will and testament of Caroline M....

NATIONAL ACADEMY OF SCIENCES V. CAMBRIDGE TRUST CO. 370 Mass. 303, 346 N.E.2d 379 (1976) PROCEDURAL POSTURE: Petitioner beneficiary sought...

O'Neal v. Wilkes, 439 S.E.2d 490 (Ga. 1994) FACTS: O'Neal -Pf- filed a petition in equity seeking a declaration of virtual adoption. P was given...

Old Colony Trust Co. v. United States, 423 F.2d 601 (1970) Procedure Plaintiff executor appealed from a judgment of the United States District...

Olliffe v. Wells, 130 Mass. 221 (1881). Facts: Testatrix devised the residue of her estate to Rev. Wells (D) 'to distribute same in such manner as...

Procedure: Worcester. Civil action commenced in the Worcester Division of the Probate and Family Court Department on July 26, 1996. The case was...

RUOTOLO V. TIETJEN 93 Conn.App. 432 (2006) Procedure:Residuary beneficiaries appealed decision of the probate court that the antilapse statute...

Sanderson v. Tryon, 739 P.2d 623 (Utah 1987). Procedure: Mother of children born during polygamous relationship filed application seeking custody...

SEARS V. COOLIDGE 180 N.E.2d 563 (1952) PROCEDURAL POSTURE: Defendant appealed a decision from the County Court of Queens County (New York)...

Shapira v. Union National Bank, 315 N.E.2d 825 (Ohio 1974). Facts: The will of the decedent, David Shapira, M.D., bequeathed a portion of the...

Simpson v. Calivas, 650 A.2d 318 (N.H. 1994). Facts: Robert Simpson, Sr. (T) executed a will drafted by Christopher Calivas (D). All real estate...

SPEELMAN V. PASCAL 178 N.E.2d 723 (1961) Procedure: Action against administratrix to establish right to participate in decedent's share of...

Staudenmayer v. Staudenmayer 714 A.2d 1016 (Pa. 1998) Facts: Theodore Staudenmayer (P) and Linda Staudenmayer (D) had lived and...

Stevens v. Casdorph, 508 S.E.2d 610 (W. Va. 1998) Facts: The Casdorphs (Ds) took Miller to the bank to execute his will. At the bank, Miller asked...

STEVENS V. CASDORPH 503 S.E.2d 610 (1993) Procedure:Testator's nieces filed action to set aside will that left the bulk of testator's estate...

SULLIVAN V. BURKIN 390 Mass. 364, 460 N.E. 2d 571 (1934) Procedure:In class action, plaintiffs, victims of embezzlement, sought an order setting...

TILGHMAN V. FRAZER 87A.2d 812 (1950) PROCEDURAL POSTURE: Appellant co-executor challenged an order from the Circuit Court for Talbot County...

Troy v. Hart FACTS: P. Lettich, a resident of Stella Maris Hospice was receiving Medicare and Medicaid benefits when his sister died intestate....

Uchtorff v. Hanson FACTS: The decedents second wife and his children from a previous marriage both claimed the right lo trust assets, but the...

WOOD V. HONEYMAN 169 P2d 131 (1946) PROCEDURAL POSTURE: Defendants, trustee and wife, sought review of a decision of the Circuit Court for...

Woodward v. Commissioner of Social Security FACTS: Three years after they were married, the Woodwards, childless, were told that the husband had...