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Tag Archives: Trusts & Estates

Tort/Negligence – Breach of Fiduciary Duty – Trusts & Estates – Banks & Banking – Collateral Call (access required)

Mozingo v. Wells Fargo Bank In its role as a trustee of plaintiff’s trust, the defendant-bank allegedly gave plaintiff advice in April 2008 about a contract that plaintiff then signed in June 2008. Since plaintiff terminated the bank’s role as trustee in May 2008, the bank’s April 2008 advice about the June 2008 contract cannot serve as the basis for plaintiff’s breach of fiduciary duty claim.

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Real Property – Adverse Possession – Trusts & Estates – Wills – Constructive Trust – Life Estate & Remainder (access required)

Dawkins v. Mozie Since her mother devised a .75-acre tract to her in 1992, and despite an eviction action by one of her sisters in 1994, plaintiff has refused to vacate the premises and has continued to live on the property. Plaintiff adversely possessed the property at issue for more than 10 years before she filed this adverse possession action in 2005.

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Real Property – Partnership – Trusts & Estates – Promissory Notes – Evidence – Dead Man’s Statute – Tort/Negligence – Breach of Fiduciary Duty (access required)

Nandwani v. Queens Inn Motel Since mortgages are real property, after the beneficiary of promissory notes secured by mortgages died, his heirs could immediately assign the promissory notes. They did not have to wait until the estate was probated under the intestacy statute. We modify and affirm the special referee’s decision.

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Trusts & Estates – Real Property – Qualified Personal Residence Trust – Breach of Fiduciary Duty – Impractical Legal Remedy – Laches (access required)

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.

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