Commonwealth of Kentucky Court of Appeals

Size: px
Start display at page:

Download "Commonwealth of Kentucky Court of Appeals"

Transcription

1 RENDERED: APRIL 11, 2014; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO CA MR KATHERINE A. MCCORMICK APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE JAMES M. SHAKE, JUDGE ACTION NO. 12-CI GEORGE M. BECKER APPELLEE OPINION VACATING AND REMANDING ** ** ** ** ** BEFORE: COMBS, DIXON, AND VANMETER, JUDGES. COMBS, JUDGE: Katherine McCormick appeals the order of the Jefferson Circuit Court which dismissed her complaint. After our review, we vacate and remand. On January 18, 2006, Mildred Becker granted her son, George Becker, power of attorney over her affairs. On the same day, Mrs. Becker executed her

2 will bequeathing one-third of her estate to her daughter, Katherine McCormick. In 2009, George sold Mrs. Becker s real estate in New York. George contends that at the express direction of his mother, he placed the proceeds of that sale -- $400, in a joint account that he held with his mother. George had a right to survivorship in the account. Mrs. Becker died on October 18, According to the provisions of her will, George was appointed executor of her estate. The estate was opened for probate in Jefferson District Court. When he filed the inventory, George did not include the bank account that held the proceeds of the real estate sale. It reverted to him automatically by virtue of its survivorship status without the legal necessity of recourse to probate. Nonetheless, McCormick filed a motion with the district court requesting an accounting of the estate. While no order is in the record, 1 the district court apparently denied McCormick s motion for lack of jurisdiction. Instead of filing an appeal in the Jefferson Circuit Court, on September 21, 2012, McCormick filed a complaint initiating an original action in Jefferson Circuit Court to demand an accounting of George s stewardship of the estate. George filed a motion to dismiss the complaint. The court granted his motion, finding that the complaint had not stated a claim that warranted relief. This appeal follows. Becker s motion to dismiss was based on Kentucky Rule[s] of Civil Procedure (CR) 12.03, which provides for a party to make a motion for a 1 George cites to the district court record many times throughout his brief, but it is not included in the record that is before this court. -2-

3 judgment on the pleadings. As construed by our Supreme Court, CR is intended: to expedite the termination of a controversy where the ultimate and controlling facts are not in dispute. It is designed to provide a method of disposing of cases where the allegations of the pleadings are admitted and only a question of law is to be decided.... The judgment should be granted if it appears beyond doubt that the nonmoving party cannot prove any set of facts that would entitle him/her to relief. City of Pioneer Village v. Bullitt County, 104 S.W.3d 757, 759 (Ky. 2003). Whether the dismissal was proper is a question of law. Therefore, our review is de novo. Benningfield v. Pettit Environmental, Inc., 183 S.W.3d 567, 570 (Ky. App. 2005). In her complaint, McCormick sought to require George to make an accounting of his transactions in his capacity as attorney-in-fact, impliedly asserting her right to demand an accounting. The circuit court indirectly addressed this issue in its discussion of her lack of standing, holding that McCormick had no justiciably cognizable interest in real estate that had ceased to exist before her mother s death. We note that in her brief, McCormick has not disputed that the proceeds of the sale of the New York property were placed into a joint account held by Mrs. Becker and George with a right of survivorship. Again, the funds of such a joint account pass automatically to the surviving party unless (1) there is clear and convincing evidence of a different intention at the time the account was created, or -3-

4 (2)... the depositor was not legally entitled to make such a disposition of the funds. Harris v. Rock, 799 S.W.2d 10, 12 (Ky. 1990). And again, such assets are not subject to probate. Kentucky Revised Statute[s] (KRS) ; Spencer v. Estate of Spencer, 313 S.W.3d 534 (Ky. 2010). Thus, George argues that neither the district court nor the circuit court has jurisdiction to review the status of this non-probate asset. We will re-visit this issue later in the opinion. McCormick s complaint and response to George s motion to dismiss both focus on the $400,000 proceeds of the sale of the real estate. However, throughout her appellate brief, McCormick argues that George intentionally committed conversion and the crime of misapplication of entrusted property pursuant to KRS In her CR 59 motion heard on February 4, 2013, she reiterated her contention that George s actions amounted to a misapplication of entrusted property which is a crime under KRS In that same motion, she alleged error on the part of the circuit court in relying on KRS McCormick also contends that the court erred in determining that her action was barred by a two-year statute of limitations. The circuit court applied KRS , which provides that actions for the taking of personal property must be filed within two years of accrual. Because the real property was sold in April 2009, the court held that the statutory deadline for filing a lawsuit accrued in April 2011 earlier than her filing of September 21, Countering the holding of the circuit court as to the two-year statute of limitations, McCormick contends that the court should have applied KRS -4-

5 (7), which provides a five-year limit for actions not arising out of contract or not otherwise enumerated. In Ingram v. Cates, 74 S.W.3d 783 (Ky.App. 2002), this Court applied KRS (7) to actions alleging breach of a fiduciary duty. We agree with McCormick that the precedent of Ingram is more substantively pertinent to the case before us and that, therefore, the five-year statute of limitations of KRS (7) should govern. Although inartfully pled initially, her claim is essentially that of a breach of fiduciary duty. The circuit court ultimately determined that it did not have jurisdiction because McCormick was proceeding pursuant to KRS (which statute, as noted earlier, she challenged as error in her CR 59 motion). This statute was not referenced anywhere in McCormick s complaint (although she did acknowledge it in her response to George s motion to dismiss). However, in her CR 59 motion, she noted: There was an error of law used by the Court. The Complaint was not based on KRS and was not a suit to settle an estate. The Complaint does not ask for a settlement of the estate. The Plaintiff has alleged conversion of the money the Defendant got as a fiduciary. KRS was first raised by George in seeking a dismissal of the case in district court. George was correct in asserting that KRS does empower a circuit court to hear cases but only in settlement disputes. It also is specifically utilized for disputes in which estate assets are insufficient to satisfy its debts. Since no such allegation of insufficiency of funds existed here, the circuit court -5-

6 failed to find jurisdiction on this basis and accordingly dismissed the case. However, McCormick reminded the court in her CR 59 motion that her suit was not a settlement dispute. Admittedly, confusion abounds as to the basis of the complaint, creating further confusion as to the jurisdiction of either district or circuit court in this matter. Nonetheless, we have attempted to sort through the various bases, statutes, and arguments -- either directly alleged or indirectly intimated. At the threshold, we must address the issue of jurisdiction. KRS 24A.120(2) provides that a probate court enjoys exclusive jurisdiction in: [m]atters involving probate, except matters contested in an adversary proceeding. Such adversary proceeding shall be filed in Circuit Court... and shall not be considered an appeal.... When McCormick first sought an accounting in district court, George persuaded the district court that it lacked jurisdiction by contending that KRS was the basis of the complaint. KRS can only be litigated in Circuit Court. Based on that reasoning, McCormick should have filed an appeal to circuit court pursuant to KRS 23A.080, which provides: A direct appeal may be taken from District Court to Circuit Court from any final action of the District Court. Instead of invoking the appellate jurisdiction of the circuit court, McCormick opted to file an original adversarial proceeding in circuit court which, as noted in KRS 24A.120(2), shall not be considered an appeal. As noted earlier, KRS 24A.120(2) and (3) allude to the fact that various probate-related -6-

7 matters that are adversarial in nature are expressly permitted by various statutes to be filed in circuit court. Among these is the filing of action alleging fraud or mismanagement of an estate as contemplated by KRS In Priestley v. Priestley, 949 S.W.2d 594, 597 (Ky. 1997), our Supreme Court reasoned as follows:... upon the filing of a claim pursuant to KRS where acts of mismanagement, fraud or deception are alleged, the circuit court has jurisdiction to settle the estate and adjudicate all claims associated therewith. KRS 24A.120. In the case before us, the circuit court was correct in holding that it did not have jurisdiction pursuant to an appeal. Nor did it have original jurisdiction pursuant to KRS , which pertains only to settlement disputes as noted above. Again and significantly, George not McCormick raised this statute as the basis for dismissal in probate court by asserting it as a proper course of action that could only be filed in circuit court. Thus, the circuit court was correct in holding that it lacked jurisdiction pursuant to KRS This was not a settlement controversy. However, pursuant to Priestley, supra, the subject matter alleged in the complaint did come within the purview of KRS , a statutory matter in which the circuit court would indeed have jurisdiction. This issue was not well pled in the complaint. However, as we have discussed, it was certainly intimated albeit with a lack of specificity. Priestley discussed this very kind of failure to file a specific complaint pursuant to KRS -7-

8 and held that strict compliance with statutory language was not fatal to the claim. Priestley scrutinized whether the essence of the claim was consistent with statutory language and the relevant decisions. Finding such substantive and substantial compliance, Priestley held that the inarticulately stated claim should not fail. Therefore, finding the reasoning of Priestley persuasive and pertinent, we hold that the court erred in declining to exercise jurisdiction in this matter alleging mismanagement and demanding an accounting. It may well be that it will dismiss on other grounds such as failure to state a claim once it has examined the matter without reference to KRS However, we hold that the circuit court does have jurisdiction to entertain and adjudicate this original adversarial matter. We vacate and remand for additional proceedings consistent with this opinion. DIXON, JUDGE, CONCURS. VANMETER, JUDGE, CONCURS AND FILES SEPARATE OPINION. VANMETER, JUDGE, CONCURRING. I concur in the result reached by the majority opinion that this case is to be vacated and remanded to the circuit court to adjudicate McCormick s claim of breach of fiduciary duty. But I write separately to address two items. First, in my view, KRS and should be read together, not separately as intimated by the majority opinion. KRS (1) establishes -8-

9 jurisdiction in the circuit court for a settlement action of a decedent s estate. Then, KRS sets forth the requirements for the petition contents: [i]n such an action the petition must state.... As noted in the majority opinion, under circumstances very similar to those in the present case, the Kentucky Supreme Court held that these statutes permit the circuit court s exercise of jurisdiction when beneficiaries contest the actions of an attorney-in-fact who subsequently serves as fiduciary of the decedent s estate. Priestley v. Priestley, 949 S.W.2d 594 (Ky. 1997). The court stated: Herein, appellants' claims are entirely consistent with statutory language and the relevant decisions. The decedent died intestate and appellants are his heirs at law. Their claims were brought against the decedent's administratrix asserting that she breached duties as a testamentary fiduciary by failing to recover for benefit of the estate sums which she herself had wasted or improperly diverted during her tenure as inter vivos fiduciary. Unlike appellee, we discern no fatal flaw by the absence of a judgment which declared that she defaulted as testamentary fiduciary. The determination that appellee breached inter vivos fiduciary duties is sufficient if sustained by the evidence and otherwise.... In the circumstances which prevailed here, appellee's interests were hopelessly in conflict.... While it was her duty as administratrix to marshal the assets of the estate and collect sums which might have been due the decedent for benefit of the estate (KRS ), it was in her personal interest to ignore her own possible defalcation.... In our view, this question was sufficiently answered when the jury returned a verdict and the court entered judgment requiring appellee to repay substantial sums to the decedent's estate[.] -9-

10 Id. at (citations omitted). The only difference between this case and Priestley is that Mrs. Becker died testate. As residuary beneficiary of one-third of her mother s estate, McCormick certainly has standing under KRS to bring this action. Second, the majority opinion appears to accept the circuit court s conclusion of law that a settlement suit is only appropriate in Circuit Court where there are insufficient funds in the estate to pay the debts of the decedent, citing Smith v. Louisville Trust Co., 237 S.W.2d 836 (Ky. 1951). Smith was one of a series of three reported cases, decided over a four-year period: (1) Smith v. Louisville Trust Co., 308 Ky. 189, 213 S.W.2d 987 (1948) ( Smith I ); (2) Louisville Trust Co. v. Smith, 313 Ky. 15, 230 S.W.2d 64 (1950) ( Smith II ); and (3) Smith v. Louisville Trust Co., 237 S.W.2d 836 (Ky. 1951) ( Smith III ). Smith I set forth the basic facts of the case: corporate fiduciaries, serving as administrators with will annexed, had essentially completed administration of the estate, marshaled the decedent s assets, paid all debts and taxes, and were ready to distribute the balance of the estate. Instead of making distribution, and filing a final settlement in the county court as then required, they withheld the payment of two charitable pecuniary bequests and requested the circuit court to settle the estate pursuant to Civil Code ( CC ) 428, subsequently codified as KRS Based on the undisputed facts, and reading CC Ky. Acts ch. 84, 1. CC 428 and KRS are virtually identical. 3 CC 429, the predecessor code provision to KRS , 1952 Ky. Acts ch. 84, 1, provided: -10-

11 together with CC 428, the court noted that the technical requirements of the code sections had not been met: the petition did not state the amount of the debts, if any, the nature or value of the property, real or personal, of the decedent; neither does it aver that the personal estate is insufficient for the payment of all or any debts. Smith I, 308 Ky. at 193, 213 S.W.2d at 989. The court then proceeded to note the lack of any apparent controversy concerning the estate and that the fiduciaries had only to file their settlement with the Judge of the Jefferson County Court. Id., 213 S.W.2d at 990. Smith II then filled in a few of the blanks after the fiduciaries attempted to amend their petition to set up their controversy with the beneficiary, who was the decedent s surviving spouse. The court again affirmed the lack of circuit court jurisdiction, stating: We have carefully considered the tendered amendment and find that it contains nothing additional which would justifiably bring it within the provisions of the Code. There does seem to be an attempt to set up the existence of a controversy between the parties, in that [administrators] had tendered to [the beneficiary] a proposed settlement of the estate which they intended to make, to which she registered some objections. We only ask, where would we be going, if, in the settlement of estates properly to be made in the county court, we should follow a rule for administrators to submit a proposed settlement to those interested, and merely In such an action the petition must state the amount of the debts and the nature and value of the property, real and personal, of the decedent, so far as known to the plaintiff; and, if it shall appear that the personal estate is insufficient for the payment of all debts, and court may order the real property descended or devised to the heirs or devisees who may be parties to the action, or so much thereof as shall be necessary, to be sold for the payment of the residue of such debts. -11-

12 because of disapproval thereof, permit action to be brought in circuit court. [4] It is the duty of the administrator to settle. One of the purposes of settlement in the county court is to give the parties interested an opportunity to file objections seasonably and properly. There is no reason why an exception should prevail in Jefferson County. This matter has been unreasonably prolonged. The settlement should be made as per the opinion in the former appeal. Smith II, 313 Ky. at 16, 230 S.W.2d at (emphasis added). Notwithstanding the court s obvious impatience with the fiduciaries, and no doubt their counsel, they again attempted to file a settlement suit in the circuit court based on the disputed questions with the beneficiary. Smith III was the appellate decision resulting from the beneficiary s petition to enjoin the fiduciaries from filing further settlement suits in the circuit court. Reading the three Smith cases together makes clear the Court of Appeals weariness with the matter, as indicated by its concluding passage: Again we say this matter has been unreasonably prolonged. The way has been opened and is now open for the final settlement in county court. Under two former opinions of this court appellees have been directed to make final settlement in the county court. Further unnecessary delay will be inexcusable. The court below should have permanently enjoined the further prosecution of this second settlement suit. 4 Under KRS , enacted in 1992, a fiduciary may now file a proposed settlement in the district court. See generally Maratty v. Pruitt, 334 S.W.3d 107, (Ky. App. 2011) (discussing the four ways in which a probate estate may be settled: circuit court action, informal final settlement, proposed settlement, district court periodic or final settlement). At the time of the Smith decisions, informal final settlements and proposed settlements were not authorized by statute or Civil Code. -12-

13 Smith III, 237 S.W.2d at 837. Smith III is unique in Kentucky jurisprudence in that no other reported Kentucky case appears to hold that [o]ne of the basic requirements for such suit is that there be not sufficient personal estate for payment of the debts. Id. While Smith III seems to impose that requirement, reading the three Smith cases together reveals the court s frustration and leads to the conclusion that the statement in Smith III is merely dicta resulting from that frustration. A plain reading of KRS and does not contain a filing requirement based on insufficiency of personal property. KRS , rather, provides and, if it shall appear that the personal estate is insufficient for the payment of all debts, the court may order real property to be sold (emphasis added). In 1964, furthermore, the legislature added language to the statute: In such an action the petition must state the amount of the debts and the nature and value of the property, real and personal, of the decedent, so far as known to the plaintiff; if it appears that there is a genuine issue concerning the right of any creditor, beneficiary or heir-at-law to receive payment or distribution, or if it appears that there is a genuine issue as to what constitutes a correct and lawful settlement of the estate, or a correct and lawful distribution of the assets, such issues may be adjudicated by the court; and, if it shall appear that the personal estate is insufficient for the payment of all debts, the court may order the real property descended or devised to the heirs or devisees who may be parties to the action, or so much thereof as shall be necessary, to be sold for the payment of the residue of such debts Ky. Acts ch. 105, 1 (added provision italicized). -13-

14 This addition, as well as more recent case law, e.g., Priestley, supra; Myers v. State Bank & Trust Co., 307 S.W.2d 933 (Ky. 1957), clearly give the circuit court jurisdiction to settle an estate when fraud, waste, and mismanagement are alleged, irrespective of the solvency of the estate. The continued viability of Smith III as a correct interpretation of KRS must therefore be questioned. In conclusion, I agree that this matter is to be vacated and remanded to the circuit court, because McCormick is entitled to attempt to prove her claims and not have her action dismissed for (a) lack of jurisdiction; (b) lack of standing; or (c) failure to file within the requisite statute of limitations. BRIEF FOR APPELLANT: Bert M. Edwards Louisville, Kentucky BRIEF FOR APPELLEE: Perry Adanick Kristin M. Lomond Louisville, Kentucky -14-

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: SEPTEMBER 5, 2014; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-000611-MR and NO. 2013-CA-000654-MR VERA L. HAMMOND APPELLANT/CROSS-APPELLEE APPEAL & CROSS-APPEAL

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JULY 13, 2012; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2010-CA-001691-DG CONNIE BLACKWELL APPELLANT ON DISCRETIONARY REVIEW FROM FRANKLIN CIRCUIT COURT v. HONORABLE

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: FEBRUARY 4, 2011; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2010-CA-000118-MR SHARON MCGOWAN; SHARON MCGOWAN, CO-EXECUTRIX OF THE ESTATE OF MILDRED BOGLE HUDSON;

More information

NO. 47,023-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * * SUCCESSION OF WILLIAM EDINBURG SMITH * * * * * *

NO. 47,023-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * * SUCCESSION OF WILLIAM EDINBURG SMITH * * * * * * Judgment rendered June 13, 2012. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. NO. 47,023-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * * SUCCESSION

More information

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON July 19, 2011 Session

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON July 19, 2011 Session IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON July 19, 2011 Session JOHN D. GLASS v. SUNTRUST BANK, Trustee of the Ann Haskins Whitson Glass Trust; SUNTRUST BANK, Executor of the Estate of Ann Haskins

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JULY 29, 2016; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2014-CA-001413-DG WILLIAM P. HUFFMAN APPELLANT ON DISCRETIONARY REVIEW FROM CARTER CIRCUIT COURT v.

More information

IN THE COURT OF APPEALS FOR CHAMPAIGN COUNTY, OHIO O P I N I O N. Rendered on the 12th day of October, 2012.

IN THE COURT OF APPEALS FOR CHAMPAIGN COUNTY, OHIO O P I N I O N. Rendered on the 12th day of October, 2012. [Cite as In re Stevens, 2012-Ohio-4754.] IN THE COURT OF APPEALS FOR CHAMPAIGN COUNTY, OHIO IN THE MATTER OF THE ESTATE : OF MAXINE STEVENS : C.A. CASE NO. 2012 CA 1 : T.C. NO. 10ES212 : (Civil appeal

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JULY 7, 2017; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2016-CA-000234-DG AND NO. 2016-CA-000769-DG TOWN & COUNTRY BANK AND TRUST COMPANY APPELLANT/CROSS-APPELLEE

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: APRIL 27, 2018; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2014-CA-001268-MR UNIVERSITY OF LOUISVILLE APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE

More information

MASSACHUSETTS STATUTES (source: CHAPTER 204. GENERAL PROVISIONS RELATIVE TO SALES, MORTGAGES, RELEASES, COMPROMISES, ETC.

MASSACHUSETTS STATUTES (source:   CHAPTER 204. GENERAL PROVISIONS RELATIVE TO SALES, MORTGAGES, RELEASES, COMPROMISES, ETC. MASSACHUSETTS STATUTES (source: www.mass.gov) CHAPTER 204. GENERAL PROVISIONS RELATIVE TO SALES, MORTGAGES, RELEASES, COMPROMISES, ETC., BY EXECUTORS, ETC. GENERAL PROVISIONS. Chapter 204, Section 1. Specific

More information

RENDERED: JANUARY 22, 2016; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO CA MR

RENDERED: JANUARY 22, 2016; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO CA MR RENDERED: JANUARY 22, 2016; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-002182-MR MARYANNA ROBINSON APPELLANT ON REMAND FROM THE KENTUCKY SUPREME COURT APPEAL NO.

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JUNE 2, 2017; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2015-CA-000236-MR JAVON HEARN APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE OLU A. STEVENS,

More information

Docket No. 26,558 COURT OF APPEALS OF NEW MEXICO 2007-NMCA-138, 142 N.M. 795, 171 P.3d 309 June 27, 2007, Filed

Docket No. 26,558 COURT OF APPEALS OF NEW MEXICO 2007-NMCA-138, 142 N.M. 795, 171 P.3d 309 June 27, 2007, Filed 1 MARCHAND V. MARCHAND, 2007-NMCA-138, 142 N.M. 795, 171 P.3d 309 JOSHUA MARCHAND, Petitioner-Appellant, v. REBECCA L. MARCHAND, Individually and as Personal Representative of the Estate of Alfred G. Marchand,

More information

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE March 13, 2009 Session

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE March 13, 2009 Session IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE March 13, 2009 Session IN RE ESTATE OF CHARLYNE HUTTON PICKARD Appeal from the Circuit Court for Davidson County No. 80001 David R. Kennedy, Judge No.

More information

2015 PA Super 271. Appeal from the Decree September 12, 2014 In the Court of Common Pleas of Bucks County Orphans Court at No(s): No.

2015 PA Super 271. Appeal from the Decree September 12, 2014 In the Court of Common Pleas of Bucks County Orphans Court at No(s): No. 2015 PA Super 271 IN RE: TRUST UNDER DEED OF DAVID P. KULIG DATED JANUARY 12, 2001 IN THE SUPERIOR COURT OF PENNSYLVANIA APPEAL OF: CARRIE C. BUDKE AND JAMES H. KULIG No. 2891 EDA 2014 Appeal from the

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: SEPTEMBER 14, 2007; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2006-CA-002296-MR FREDDY KENNEDY, JR. APPELLANT v. APPEAL FROM KNOTT CIRCUIT COURT HONORABLE JOANN

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: AUGUST 23, 2013; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-001141-MR LOUISVILLE-JEFFERSON COUNTY METRO GOVERNMENT AND RONALD L. BISHOP, FORMER DIRECTOR

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: SEPTEMBER 12, 2014; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-000963-DG MARGARET FRAYSUR APPELLANT ON DISCRETIONARY REVIEW FROM MONTGOMERY CIRCUIT COURT

More information

ARKANSAS COURT OF APPEALS

ARKANSAS COURT OF APPEALS ARKANSAS COURT OF APPEALS DIVISION I No. CA 08-589 BRENDA BRYANT OSBORN, OPAL M. GARFI, ALTHA P. HICKMAN, NORMA SEXTON, LINDA BLISS, RITA GILLIAM, GENE BRYANT, BILLY RAY BRYANT, and BEVERLY BEEMAN APPELLANTS

More information

Court of Appeals. Ninth District of Texas at Beaumont

Court of Appeals. Ninth District of Texas at Beaumont In The Court of Appeals Ninth District of Texas at Beaumont NO. 09-08-204 CV IN THE ESTATE OF EMERY DANIELLE BOWIE On Appeal from the County Court Jefferson County, Texas Trial Cause No. 95,264 MEMORANDUM

More information

CASE NO. 1D Buford Cody appeals the final order of the probate court which determined

CASE NO. 1D Buford Cody appeals the final order of the probate court which determined IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BUFORD CODY, Heir, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-5550

More information

Commonwealth Of Kentucky. Court of Appeals

Commonwealth Of Kentucky. Court of Appeals RENDERED: December 3, 2004; 2:00 p.m. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2002-CA-001757-MR CONSECO FINANCE SERVICING CORPORATION F/K/A GREEN TREE FINANCIAL SERVICING CORPORATION

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JANUARY 22, 2010; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-000037-MR LAWRENCE FROMAN APPELLANT APPEAL FROM HARDIN CIRCUIT COURT v. HONORABLE RODNEY

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JANUARY 21, 2011; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2008-CA-001157-MR ROBERT A. JACOB, M.D. APPELLANT ON REMAND FROM SUPREME COURT OF KENTUCKY NO. 2009-SC-000716-DG

More information

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT PICKAWAY COUNTY

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT PICKAWAY COUNTY [Cite as Henson v. Casey, 2004-Ohio-5848.] IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT PICKAWAY COUNTY Sally Gutheil Henson, Co-Executor, : of the Estate of Betty Jean Cluff : Gutheil, deceased,

More information

STEVEN C. GRAY OPINION BY v. Record No CHIEF JUSTICE DONALD W. LEMONS November 2, 2017 FRANCES BINDER, ET AL.

STEVEN C. GRAY OPINION BY v. Record No CHIEF JUSTICE DONALD W. LEMONS November 2, 2017 FRANCES BINDER, ET AL. PRESENT: All the Justices STEVEN C. GRAY OPINION BY v. Record No. 161419 CHIEF JUSTICE DONALD W. LEMONS November 2, 2017 FRANCES BINDER, ET AL. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Brett A. Kassabian,

More information

FROM THE CIRCUIT COURT OF HENRICO COUNTY Lee A. Harris, Jr., Judge

FROM THE CIRCUIT COURT OF HENRICO COUNTY Lee A. Harris, Jr., Judge PRESENT: All the Justices PATRICIA L. RAY OPINION BY v. Record No. 180060 ELIZABETH A. McCLANAHAN December 20, 2018 KATHERINE READY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF KEITH F. READY,

More information

Commonwealth Of Kentucky. Court of Appeals

Commonwealth Of Kentucky. Court of Appeals RENDERED: APRIL 14, 2006; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2005-CA-000267-MR WILLIAM SEABOLD; TIMOTHY HURST; SCOTT HAAS; DREW OSBORNE; TONY BALL; AND MICHAEL

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: APRIL 27, 2018; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2017-CA-000345-MR DEBRA MARSHALL APPELLANT APPEAL FROM FRANKLIN CIRCUIT COURT v. HONORABLE PHILLIP J.

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MARCH 27, 2015; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-002087-MR NIKOLAY D. DIMITROV; AND DIMITROV, INC. APPELLANTS APPEAL FROM JEFFERSON CIRCUIT

More information

Glossary of Estate Planning Terms

Glossary of Estate Planning Terms Glossary of Estate Planning Terms Lawyers are notorious for using Latin and legal terms that are unfamiliar to most people, sometimes called "legalese." Professionals working in estate planning and probate

More information

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE September 20, 2011 Session

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE September 20, 2011 Session IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE September 20, 2011 Session FIRST TENNESSEE BANK, N.A. v. HAROLD WOODWARD ET AL. Appeal from the Chancery Court for Knox County No. 178062-2 Daryl R. Fansler,

More information

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 1, 2018

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 1, 2018 IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 1, 2018 08/29/2018 IN RE ESTATE OF MICHAEL DENVER SHELL Appeal from the Chancery Court for Anderson County No. 17PB82 M. Nichole

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JOAN JOHNSON, Appellant, v. LEE TOWNSEND, LESLIE LYNCH, ELIZABETH DENECKE and LISA EINHORN, Appellees. No. 4D18-432 [October 24, 2018] Appeal

More information

Commonwealth Of Kentucky Court of Appeals

Commonwealth Of Kentucky Court of Appeals RENDERED: JULY 14, 2006; 2:00 P.M. TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2005-CA-002052-MR MARY KEARNEY APPELLANT APPEAL FROM SHELBY CIRCUIT COURT v. HONORABLE CHARLES HICKMAN,

More information

MARCH 21, 2012 SUCCESSION OF CARLO J. DILEO NO CA-1256 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *

MARCH 21, 2012 SUCCESSION OF CARLO J. DILEO NO CA-1256 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * * SUCCESSION OF CARLO J. DILEO * * * * * * * * * * * NO. 2011-CA-1256 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2001-7981, DIVISION D-16 Honorable

More information

Commonwealth Of Kentucky. Court Of Appeals. RENDERED: January 10, 2003; 10:00 a.m. NOT TO BE PUBLISHED NO CA MR

Commonwealth Of Kentucky. Court Of Appeals. RENDERED: January 10, 2003; 10:00 a.m. NOT TO BE PUBLISHED NO CA MR RENDERED: January 10, 2003; 10:00 a.m. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court Of Appeals NO. 2000-CA-002303-MR LINDA KORFHAGE APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE DENISE

More information

Case Survey: Massey v. Fulks 2011 Ark. 4 UALR Law Review Published Online Only

Case Survey: Massey v. Fulks 2011 Ark. 4 UALR Law Review Published Online Only THE SUPREME COURT OF ARKANSAS HELD THAT UPON ENACTING 28-50-101(H), THE LEGISLATURE INTENDED TO EXTEND THE NON-CLAIM PERIOD FOR TWO YEARS WHEN REQUIRED NOTICE IS NOT GIVEN. In Massey v. Fulks, 1 the Supreme

More information

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

IN THE SUPREME COURT OF THE STATE OF ILLINOIS 2014 IL 115997 IN THE SUPREME COURT OF THE STATE OF ILLINOIS (Docket Nos. 115997, 116009 cons.) In re ESTATE OF PERRY C. POWELL (a/k/a Perry Smith, Jr.), a Disabled Person (Robert F. Harris, Cook County

More information

James T. Young Singleton, Burroughs & Young, P.A Third Avenue Post Office Box 1244 Conway, South Carolina

James T. Young Singleton, Burroughs & Young, P.A Third Avenue Post Office Box 1244 Conway, South Carolina James T. Young Singleton, Burroughs & Young, P.A. 1303 Third Avenue Post Office Box 1244 Conway, South Carolina 29528 843-248-4229 Part 9 SPECIAL PROVISIONS RELATING TO DISTRIBUTION Section 62-3-901. In

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: OCTOBER 13, 2017; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2016-CA-001739-MR COMMONWEALTH OF KENTUCKY APPELLANT APPEAL FROM DAVIESS CIRCUIT COURT v. HONORABLE

More information

BARKA V. HOPEWELL, 1923-NMSC-080, 29 N.M. 166, 219 P. 799 (S. Ct. 1923) BARKA vs. HOPEWELL

BARKA V. HOPEWELL, 1923-NMSC-080, 29 N.M. 166, 219 P. 799 (S. Ct. 1923) BARKA vs. HOPEWELL 1 BARKA V. HOPEWELL, 1923-NMSC-080, 29 N.M. 166, 219 P. 799 (S. Ct. 1923) BARKA vs. HOPEWELL No. 2726 SUPREME COURT OF NEW MEXICO 1923-NMSC-080, 29 N.M. 166, 219 P. 799 October 09, 1923 Error to District

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: AUGUST 5, 2016; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2015-CA-000024-MR THE HARRISON MEMORIAL HOSPITAL, INC. D/B/A HARRISON MEMORIAL HOSPITAL APPELLANT APPEAL

More information

THE SUPREME COURT OF THE STATE OF ALASKA

THE SUPREME COURT OF THE STATE OF ALASKA Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage,

More information

2012 PA Super 158. Appeal from the Order September 20, 2011 In the Court of Common Pleas of Bucks County Orphans' Court at No(s):

2012 PA Super 158. Appeal from the Order September 20, 2011 In the Court of Common Pleas of Bucks County Orphans' Court at No(s): 2012 PA Super 158 ESTATE OF D. MASON WHITLEY, JR., DECEASED IN THE SUPERIOR COURT OF PENNSYLVANIA APPEAL OF: BARBARA HULME, D. MASON WHITLEY III AND EUGENE J. WHITLEY No. 2798 EDA 2011 Appeal from the

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: OCTOBER 24, 2008; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-001313-MR CONNIE ELISE BUCKLEY, AKA CONNIE ELISE BUCKLEY SNODDY APPELLANT APPEAL FROM FAYETTE

More information

WILLS. Will: An instrument a testator prepares, or has prepared, directing how to distribute her property after she dies.

WILLS. Will: An instrument a testator prepares, or has prepared, directing how to distribute her property after she dies. WILLS Will: An instrument a testator prepares, or has prepared, directing how to distribute her property after she dies. Executor: A person appointed by the testator in her will to see that the will is

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: OCTOBER 3, 2014; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-001931-ME M.E.J. APPELLANT APPEAL FROM KENTON CIRCUIT COURT v. HONORABLE CHRISTOPHER J. MEHLING,

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: NOVEMBER 14, 2014; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-001371-MR AND NO. 2012-CA-001401-MR EDWARD H. FLINT APPELLANT APPEALS FROM JEFFERSON CIRCUIT

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS In re Estate of JOSEPHINE M. ROOSEN, a Protected Individual. DENISE M. HUDSON, Conservator, Petitioner-Appellee, UNPUBLISHED July 9, 2009 v No. 282979 Wayne Probate Court

More information

ALABAMA COURT OF CIVIL APPEALS

ALABAMA COURT OF CIVIL APPEALS Rel: 08/10/2012 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate

More information

MASTER WILL FORM USE FOR ILLISTRATION PURPOSES ONLY

MASTER WILL FORM USE FOR ILLISTRATION PURPOSES ONLY LAST WILL AND TESTAMENT OF (Insert full name of Testator/Testatrix) [Master Will Form Updated 4/18/12] [Complete, edit or delete all (italics) as applicable]. [Delete or edit any Articles, sentences, or

More information

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2004 DIANA KNIGHT PRINCESS BUILDERS, INC., ET AL.

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2004 DIANA KNIGHT PRINCESS BUILDERS, INC., ET AL. REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 0965 September Term, 2004 DIANA KNIGHT v. PRINCESS BUILDERS, INC., ET AL. Hollander, Eyler, Deborah S., Adkins, JJ. Opinion by Adkins, J. Filed:

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: APRIL 17, 2015; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-001460-MR MARY ROWE, ADMINISTRATRIX OF THE ESTATE OF TOMMY ROWE, DECEASED APPELLANT APPEAL

More information

COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO

COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO [Cite as Gottesman v. Estate of Gottesman, 2002-Ohio-6058.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 81265 MURIEL GOTTESMAN, : : Plaintiff-Appellant : JOURNAL ENTRY : and vs. :

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: AUGUST 4, 2017; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2016-CA-000498-MR GREYSON MEERS APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE CHARLES L.

More information

DISTRICT OF COLUMBIA COURT OF APPEALS NO. 98-PR-1405 TOPEL BLUEPRINTING CORPORATION, APPELLANT, SHIRLEY M. BRYANT, APPELLEE.

DISTRICT OF COLUMBIA COURT OF APPEALS NO. 98-PR-1405 TOPEL BLUEPRINTING CORPORATION, APPELLANT, SHIRLEY M. BRYANT, APPELLEE. Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections

More information

Follow this and additional works at: Part of the Law Commons

Follow this and additional works at:  Part of the Law Commons Case Western Reserve Law Review Volume 4 Issue 3 1953 Wills and Estates Robert C. Bensing Follow this and additional works at: http://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN THE MATTER OF: ESTATE OF FRANCES S. CLEAVER, DEC. IN THE SUPERIOR COURT OF PENNSYLVANIA APPEAL OF: PDM, INC. No. 2751 EDA 2013 Appeal from

More information

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE March 10, 2015 Session

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE March 10, 2015 Session IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE March 10, 2015 Session IN RE: ESTATE OF MARTHA B. SCHUBERT Appeal from the Chancery Court for Knox County No. 65462-1 John F. Weaver, Chancellor No. E2014-01754-COA-R3-CV-FILED-JULY

More information

: : : : : : Appeal from the Order entered August 13, 2001 In the Court of Common Pleas of Philadelphia County Orphan s Court at No.

: : : : : : Appeal from the Order entered August 13, 2001 In the Court of Common Pleas of Philadelphia County Orphan s Court at No. 2002 PA Super 287 ESTATE OF ADELAIDE BRISKMAN, DECEASED APPEAL OF MARK RESOP IN THE SUPERIOR COURT OF PENNSYLVANIA No. 2772 EDA 2001 Appeal from the Order entered August 13, 2001 In the Court of Common

More information

IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO ESTATE OF : O P I N I O N MARION C. RYAN, DECEASED : CASE NO.

IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO ESTATE OF : O P I N I O N MARION C. RYAN, DECEASED : CASE NO. [Cite as In re Estate of Ryan, 2011-Ohio-3891.] IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO ESTATE OF : O P I N I O N MARION C. RYAN, DECEASED : CASE NO. 2010-L-075 : Civil Appeal

More information

31-3: Rewritten and renumbered as G.S to by Session Laws 1953, c. 1098, s. 2.

31-3: Rewritten and renumbered as G.S to by Session Laws 1953, c. 1098, s. 2. Chapter 31. Wills. Article 1. Execution of Will. 31-1. Who may make will. Any person of sound mind, and 18 years of age or over, may make a will. (1811, c. 280; R.C., c. 119, s. 2; Code, s. 2137; Rev.,

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE Filed 3/14/14 Konstin v. Bomar CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

More information

Wills and Decedents' Estates

Wills and Decedents' Estates Case Western Reserve Law Review Volume 13 Issue 3 1962 Wills and Decedents' Estates George N. Aronoff Follow this and additional works at: http://scholarlycommons.law.case.edu/caselrev Part of the Law

More information

SYLVIA MARIE JONES v. GRADY JONES AND LEONIDA JONES BEARD (09/25/86) [1] COURT OF APPEALS OF TEXAS, SECOND DISTRICT, FORT WORTH

SYLVIA MARIE JONES v. GRADY JONES AND LEONIDA JONES BEARD (09/25/86) [1] COURT OF APPEALS OF TEXAS, SECOND DISTRICT, FORT WORTH SYLVIA MARIE JONES v. GRADY JONES AND LEONIDA JONES BEARD (09/25/86) [1] COURT OF APPEALS OF TEXAS, SECOND DISTRICT, FORT WORTH [2] No. 2-85-282-CV [3] 1986.TX.41704 ; 718 S.W.2d

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: DECEMBER 29, 2010; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-001613-MR & NO. 2009-CA-002101-MR LAURA PHILLIPS APPELLANT APPEALS FROM FAYETTE CIRCUIT COURT

More information

RENDERED: JUNE 14, 2002; 2:00 p.m. NOT TO BE PUBLISHED NO CA MR (DIRECT)

RENDERED: JUNE 14, 2002; 2:00 p.m. NOT TO BE PUBLISHED NO CA MR (DIRECT) RENDERED: JUNE 14, 2002; 2:00 p.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 2001-CA-000662-MR (DIRECT) INTREPID INVESTMENTS, INC. APPELLANT APPEAL FROM FAYETTE CIRCUIT COURT

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN RE: ESTATE OF JOHN J. LYNN, DECEASED IN THE SUPERIOR COURT OF PENNSYLVANIA APPEAL OF: DONNA LYNN ROBERTS No. 1413 MDA 2015 Appeal from the

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: NOVEMBER 18, 2016; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2016-CA-000102-MR BINGHAM GREENEBAUM DOLL, LLP APPELLANT APPEAL FROM KENTON CIRCUIT COURT v. HONORABLE

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JANUARY 8, 2016; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-001317-MR UNIVERSITY OF LOUISVILLE APPELLANT APPEAL FROM FRANKLIN CIRCUIT COURT v. HONORABLE

More information

ALABAMA COURT OF CIVIL APPEALS

ALABAMA COURT OF CIVIL APPEALS REL: 08/08/2014 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANTS MICHAEL C. COOK MAUREEN E. WARD Wooden & McLaughlin LLP Indianapolis, IN ATTORNEYS FOR APPELLEE: JEFFREY C. McDERMOTT MARC T. QUIGLEY AMY J. ADOLAY Krieg DeVault

More information

NO CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

NO CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS NO. 12-16-00124-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS WILLIAM FRANK BYERLEY, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF FRANCIS WILLIAM BYERLEY, DECEASED,

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JANUARY 6, 2017; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2015-CA-000981-MR JAMES SULLIVAN; DARIUS SULLIVAN; AND SULLIVAN BROTHERS COAL COMPANY APPELLANT APPEAL

More information

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE June 10, 2013 Session

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE June 10, 2013 Session IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE June 10, 2013 Session DOROTHY J. ETHRIDGE v. THE ESTATE OF BOBBY RAY ETHRIDGE, DECEASED, ANTHONY RAY ETHRIDGE, EXECUTOR Direct Appeal from the Probate

More information

BarEssays.com Model Answer

BarEssays.com Model Answer 1. What interests, if any, does Dave have in the trust assets? Valid Trust A valid inter vivos trust requires: (1) settlor with capacity (at least age 18 and of sound mind) (2) present intent by settlor

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JANUARY 13, 2017; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2015-CA-000678-MR GARY W. MCCLURE; CHERYL MCCLURE; AND PAM STEPHENS (AS TRUSTEE FOR THE PAMELA A.

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MAY 29, 2015; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-001363-MR DARRELL STRODE AND DONNA STRODE APPELLANTS APPEAL FROM WARREN CIRCUIT COURT v. HONORABLE

More information

IN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 21 February DARRELL S. HAUSER and ROBIN E. WHITAKER HAUSER, Defendants.

IN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 21 February DARRELL S. HAUSER and ROBIN E. WHITAKER HAUSER, Defendants. IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-606 Filed: 21 February 2017 Forsyth County, No. 15CVS7698 TERESA KAY HAUSER, Plaintiff, v. DARRELL S. HAUSER and ROBIN E. WHITAKER HAUSER, Defendants.

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-905

IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-905 IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-905 In Re: Estate of Rachael Duffy MAHANEY Deceased MARY ELLEN MCENDERFER, v. Petitioner, JOHN C. KEEFE, Respondent 2 nd DCA CASE NO.: 2D03-5358 Circuit Case

More information

Commonwealth Of Kentucky. Court of Appeals

Commonwealth Of Kentucky. Court of Appeals RENDERED: APRIL 25, 2003; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2002-CA-000520-MR DONNA K. DECKER APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE DENISE

More information

LANCASTER COUNTY RULES OF ORPHANS COURT

LANCASTER COUNTY RULES OF ORPHANS COURT LANCASTER COUNTY RULES OF ORPHANS COURT RULE 1. Judges - Local Rules RULE 1.2. Title and Citation of Rules These rules shall be known as the Lancaster County Rules of Orphans Court and may be cited as

More information

No. 110,768 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. In the Matter of the Estate of BLANCHE A. AREA, Deceased. SYLLABUS BY THE COURT

No. 110,768 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. In the Matter of the Estate of BLANCHE A. AREA, Deceased. SYLLABUS BY THE COURT No. 110,768 IN THE COURT OF APPEALS OF THE STATE OF KANSAS In the Matter of the Estate of BLANCHE A. AREA, Deceased. SYLLABUS BY THE COURT 1. Under K.S.A. 59-1401(c), one of the duties of an administrator

More information

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 1, 2018

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 1, 2018 IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 1, 2018 07/02/2018 IN RE ESTATE OF JESSE L MCCANTS SR Appeal from the Chancery Court for Hamilton County No. 13-P-610 Jeffrey M.

More information

DEPENDANTS OF A DECEASED PERSON RELIEF ACT

DEPENDANTS OF A DECEASED PERSON RELIEF ACT c t DEPENDANTS OF A DECEASED PERSON RELIEF ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 19, 2009. It is intended

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JUNE 20, 2014; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-001339-MR PAUL BROWN APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE ANGELA MCCORMICK

More information

CHAPTER 22 POWERS AND DUTIES OF EXECUTORS, ADMINISTRATORS

CHAPTER 22 POWERS AND DUTIES OF EXECUTORS, ADMINISTRATORS CHAPTER 22 POWERS AND DUTIES OF EXECUTORS, ADMINISTRATORS 2201. Definition. 2203. Authority of Remaining Personal Representatives Where One or More Absent or Disqualified; Court Order; Majority Rule. 2205.

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JUNE 24, 2016; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2015-CA-000449-MR THE PETITION COMMITTEE, ACTING BY AND THROUGH A MAJORITY OF ITS MEMBERS, NAMELY, LORETTA

More information

COUNSEL JUDGES OPINION

COUNSEL JUDGES OPINION 1 ALLEN V. AMOCO PROD. CO., 1992-NMCA-054, 114 N.M. 18, 833 P.2d 1199 (Ct. App. 1992) DOROTHY B. ALLEN, Plaintiff-Appellant, vs. AMOCO PRODUCTION COMPANY, et al., Defendants-Appellees, JACK D. ALLEN, et

More information

Commonwealth Of Kentucky. Court of Appeals

Commonwealth Of Kentucky. Court of Appeals RENDERED: August 29, 2003; 2:00 p.m. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2002-CA-001637-MR SHAWN SHOFNER and STEPHANIE SHOFNER, Individually, and as the Administratrix of

More information

2013 PA Super 260 OPINION BY SHOGAN, J.: FILED SEPTEMBER 26, Appellant, Wayne Zeevering, son of the late George Zeevering,

2013 PA Super 260 OPINION BY SHOGAN, J.: FILED SEPTEMBER 26, Appellant, Wayne Zeevering, son of the late George Zeevering, 2013 PA Super 260 ESTATE OF GEORGE ZEEVERING, DECEASED APPEAL OF: WAYNE ZEEVERING : IN THE SUPERIOR COURT OF : PENNSYLVANIA : : : No. 279 EDA 2013 Appeal from the Decree Entered January 4, 2013, In the

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JILL KELLY; JEFF FALKENTHAL; and JUDY L. MORS-KOTRBA, as successor

More information

No. 51,005-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * SUCCESSION OF HENRY EARL DAWSON * * * * *

No. 51,005-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * SUCCESSION OF HENRY EARL DAWSON * * * * * Judgment rendered November 16, 2016. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. No. 51,005-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA SUCCESSION

More information

IN THE SUPREME COURT OF THE STATE OF WASHINGTON

IN THE SUPREME COURT OF THE STATE OF WASHINGTON IN THE SUPREME COURT OF THE STATE OF WASHINGTON JEFFREY MANARY, as the second ) successor trustee of the HOMER L. ) GREENE AND EILEEN M. ) GREENE REVOCABLE LIVING ) TRUST, ) ) No. 86776-3 Petitioner, )

More information

RENDERED: AUGUST 21, 2015; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO CA MR

RENDERED: AUGUST 21, 2015; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO CA MR RENDERED: AUGUST 21, 2015; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-001656-MR MICHAEL BRANN APPELLANT ON REMAND FROM SUPREME COURT OF KENTUCKY NO. 2014-SC-00477

More information

AN ACT. Be it enacted by the General Assembly of the State of Ohio:

AN ACT. Be it enacted by the General Assembly of the State of Ohio: (131st General Assembly) (Substitute Senate Bill Number 232) AN ACT To amend sections 2105.14, 2107.34, 2109.301, 5302.23, and 5302.24 and to enact section 5801.12 of the Revised Code to amend the law

More information

Commonwealth Of Kentucky. Court of Appeals

Commonwealth Of Kentucky. Court of Appeals RENDERED: JULY 29, 2005; 2:00 p.m. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2004-CA-001033-MR KENNETH RAVENSCRAFT APPELLANT APPEAL FROM KENTON CIRCUIT COURT v. HONORABLE STEVEN

More information

v No Washtenaw Circuit Court v No

v No Washtenaw Circuit Court v No STATE OF MICHIGAN COURT OF APPEALS NDC OF SYLVAN, LTD., Plaintiff-Appellee/Cross-Appellant, UNPUBLISHED May 19, 2011 v No. 301397 Washtenaw Circuit Court TOWNSHIP OF SYLVAN, LC No. 07-000826-CZ -1- Defendant-Appellant/Cross-

More information

IN THE COURT OF APPEALS OF TENNESSEE WESTERN SECTION AT NASHVILLE

IN THE COURT OF APPEALS OF TENNESSEE WESTERN SECTION AT NASHVILLE IN THE COURT OF APPEALS OF TENNESSEE WESTERN SECTION AT NASHVILLE IN RE: ESTATE OF ROBERT D. PAYNE, Deceased, FILED KAL HELOU, Administrator CTA, August 28, 1996 Plaintiff-Appellant, Cecil W. Crowson Appellate

More information