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Trusts & Estates – Real Property – USDA Subsidies – Statute of Limitations – First Impression – Partition
Estate of Livingston v. Livingston Since the application for USDA subsidies must be renewed every year, the statute of limitations begins anew for each year’s subsidies.
Trusts & Estates – Nonclaim Statute – Discovery Rule – Inapplicable
Phillips v. Quick S.C. Code Ann. § 62-3-803 is a nonclaim statute, and the discovery rule does not apply to it. Since respondent filed her claim against the decedent’s estate more than nine months after the first publication of notice to creditors, respondent’s claim was time-barred.
Trusts & Estates – Real Property – Qualified Personal Residence Trust – Breach of Fiduciary Duty – Impractical Legal Remedy – Laches
Eldridge v. Eldridge Where the legal remedy in this case would require a trust to serve as both plaintiff and a source of damages, the legal remedy would be impractical. We reverse the master-in-equity’s ruling that the defendant-widow gets to keep a Hilton Head condominium that she shared with her husband, who was also plaintiffs’ father.
Trusts & Estates – Wills – Scholarship Bequest – IRA Beneficiary – Separate Gifts
Estate of Gill v. Clemson University Foundation A will’s $100,000 scholarship bequest is separate from the testatrix’s subsequently created $100,000 IRA, which lists the scholarship fund as a beneficiary and passes outside the will. Clemson University is entitled to both gifts.
Trusts & Estates – Inter Vivos Transfers – Power of Attorney – No Gifting Provision – Tort/Negligence – Breach of Fiduciary Duty – Conversion
Gordon v. Busbee Where the wife’s power of attorney did not contain a gift-giving provision, and where the record contains no written evidence of her authorization for her husband/attorney-in-fact to make the transfers he did, the trial court erred in failing to direct a verdict for the wife’s heirs as to any transactions involving the husband’s taking funds that were undisputedly t[...]
Trusts & Estates – Wills – Undue Influence – Power of Attorney – Presumptions & Rebuttals
Salerno v. Inman A testator’s attorney-in-fact/girlfriend rebutted the presumption of undue influence: there was no evidence that the power of attorney was ever used; the attorney-in-fact testified she did not know when the testator executed the power of attorney; there was no evidence that the testator did not have the opportunity to dispose of his property as he wanted; the attorney-[...]
Trusts & Estates – Inter Vivos Transfers – Power of Attorney – No Gifting Provision – Tort/Negligence – Breach of Fiduciary Duty – Conversion
Gordon v. Busbee Where the wife’s power of attorney did not contain a gift-giving provision, and where the record contains no written evidence of her authorization for her husband/attorney-in-fact to make the transfers he did, the trial court erred in failing to direct a verdict for the wife’s heirs as to any transactions involving the husband’s taking funds that were undisputedly t[...]
Trusts & Estates – Inter Vivos Gift – Agency – Article 8 – Donor’s Death – Incomplete Transfer
Rider v. Estate of Rider Even though, before he died, Charles Rider ordered $2,000,000 worth of securities to be transferred to the respondent-wife, the securities intermediary failed to make all the transfers before it learned of Mr. Rider’s death. Under the law of agency, the intermediary lacked authority to make the transfers after it had notice of Mr. Rider’s death.
Trusts & Estates – Wills – Bequest – Quantum Meruit – Care-Giving Services – Prejudgment Interest
Church v. McGee. Claimant's own testimony showed that her love for decedent was the only reason she provided care-giving services to him; therefore, she is not entitled to recover in quantum meruit for such . . .
Trusts & Estates – Incompetence – Guardian & Conservator – Statutory Priority – Good Cause – Poor Communication
Incompetence - Guardian & Conservator - Statutory Priority - Good Cause - Poor Communication
Trusts & Estates – Tort/Negligence – Civil Practice – Jurisdiction – Probate Court – Removal – Authority – Co- Representatives
Tort/Negligence - Civil Practice - Jurisdiction - Probate Court - Removal - Authority - Co- Representatives
Trusts & Estates – Wills – Testamentary Capacity – Doctor's Review – Attorney's Conversation — Undue Influence – General Influence
Wills - Testamentary Capacity - Doctor's Review - Attorney's Conversation -- Undue Influence - General Influence
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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