Trusts

Bush v. Lawrence

The court has jurisdiction to hear the plaintiff’s suit against the trustee of her late husband’s trust. One of the trust defendants’ attorneys is likely to serve as a witness and thus may not serve as an advocate at trial… Read More ›

Kirgan v. M & T Trust Co.

The evidence fails to show that a corporate trustee violated the terms of the governing will or is otherwise incapable of properly performing the duties of its office. None of the evidence demonstrated that the corporation’s actions were not in… Read More ›

Midgett v. Hardcastle

The defendant acted in bad faith by raising compulsory counterclaims in state court, essentially forum shopping to circumvent federal jurisdiction, and only now seeking to bring them in federal court after state proceedings appeared to stall. Adding the counterclaims now… Read More ›