Delaware Fiduciary Litigation Blog

This blog will summarize trusts and estates decisions by Delaware courts. Updates will appear frequently.

Posted April 24, 2017

Charles F. Alexander v. Edwin J. Alexander, Edward L. Alexander, and William F. Alexander, C.A. No. 12587-MA (April 19, 2017)

Posted April 18, 2017

Frederick Conaway v. Baird, et al. File No. 359, 2016 (March 28, 2017)  

Posted April 17, 2017

       If you have been wondering why the blog has been less active recently, it is not because we have lost interest or care less about info

Posted September 23, 2016

Hurd v. Hurd, C.A. No. 4675-MA (September 20, 2016)

Posted August 16, 2016

Mario Alberto Lopez Garza, The Executor of the Estate of Hans Jorg Schneider Sauter v. Citigroup, Inc. C.A. No. 15-537-SLR (June 29, 2016)

Posted August 2, 2016

William V. Erhlich, Jr., Trustee of the William V. Ehrlich Trust U/W/D May 5, 1977, as Amended v. Jeffrey Ehrlich and Vinn, LLC C.A. No. 11364-MA (July 25, 2016)

Posted July 25, 2016

IMO Dougherty, Francis J. Sr. Estate C.A. No. 9496-JL (July 22, 2016)

This case concerns the estate of Francis Dougherty, Sr. and whether his daughter, Patricia unduly influenced him. Francis’s surviving wife, Elizabeth, contested that Patricia did.

Posted July 13, 2016

First State Fiduciaries LLC v. Morgan Stanley Smith Barney LLC and Margaret E. Day and Morgan Stanley Smith Barney, LLC v. First State Fiduciaries, LLC & Margaret E. Day C.A. No. 9472-MA (July 11, 2016)

Posted April 12, 2016

In the Matter of the Last Will and Testament Of Edward B. Sandstrom, Deceased, C.A. No. 8948-MA

Posted February 25, 2016

IMO the Estate of James L. Simmons, Sr.; Simmons v. DeRamus, et al. C.A. No. 9965-ML (February 11, 2016)

Posted February 2, 2016

IMO: Raymond L. Hammond Irrevocable Trust Agreement and PNC Bank Delaware Trust Company, as Trustee, Dated October 5, 2007. C.A. No. 10463-ML (January 28, 2016)

Posted February 2, 2016

In re: Estate of Bennie Farren, C.A. No. 8714-MA & McGlaughlin v. Farren, C.A. No. 9385-MA (January 19, 2016)

Posted January 21, 2016

In August of 2015, Delaware adopted 12 Del.C.§ 1311. In so doing, Delaware joined Ohio, Alaska, Arkansas, New Hampshire, Nevada, North Carolina, and North Dakota as one of only a few states that offer testators the option of pre-mortem will validation.

Posted November 4, 2015

IMO: The Estate of James Vincent Tigani, Jr., deceased, and the J. Vincent Tigani Jr., a/k/a James Vincent Tigani, Jr. Revocable Trust, U/A dtd, April 10, 1995 C.A. No. 7339-ML (September 30, 2015)

Posted November 2, 2015

IMO the Last Will & Testament of Wilma B. Kittila, deceased C.A. No. 2084-ML (October 9, 2015)

Posted September 9, 2015

IMO The Hawk Mountain Trust CA #7334-VCP (September 8, 2015)

Posted August 19, 2015

Dorothy Blansfield v. Alumni Association of Arizona State University, Alumni Association of Temple University and Roman Catholic Diocese of Wilmington, C.A. No. 9435-VCP (July 31, 2015)

Posted June 30, 2015

In Re: Estate of Bennie P. Farren C.A. No. 8714-MA (June 18, 2015)

Posted June 5, 2015

Margaret C. Ughetta v. Mary Harding Cist, Individually, as Executrix of Estate of John David Cist, and as Trustee of the Supp Trust Agreement of John David Cist. C.A. No. 7885-MA (May 29, 2015)

Posted May 6, 2015

IMO the Thomas Lawrence Reeves Irrevocable Trust Under Agreement Dated February 26, 1997 C.A. No. 8071-ML (April 29, 2015)

Posted April 29, 2015

Kathryn Mennen et al v. Wilmington Trust Company et al C.A. No. 8432 (Motion for Summary Judgment)(April 24, 2015)

Posted March 4, 2015

IMO the Trust Under the Will of Elizabeth Williams Vale for the Benefit of Frederic B. Asche, Jr. C.A. No. 7662-VCP (February 19, 2015)

Posted March 4, 2015

Robert E. Taglialatela, Jr. v. Phyllis T. Galvin, Trustee Irrevocable Trust of Robert E.

Posted February 19, 2015

IMO Last Will & Testament of Wilma B. Kittila, deceased C.A. No. 8024-ML (February 18, 2015)

Posted February 12, 2015

On February 12, 2015, the Delaware Supreme Court, by way of the two-paragraph order attached below, affirmed the Delaware Court of Chancery’s June 2014 ruling dismissing a petitioner’s case as untimely based on notice given under Delaware’s pre-mortem validation statute.

Posted February 5, 2015

Geraldine Messick v. Estate of Ronald R. Messick, C.A. No. 6290-MA (February 3, 2015)

Posted January 13, 2015

IMO Last Will & Testament of Ethel Smith C.A. No. 8532-MA (January 8, 2015)

Posted December 15, 2014

Mennen v. Wilmington Trust Company, et al. C.A. No. 8432-ML (December 8, 2014)       

Posted December 10, 2014

Nationstar Mortgage LLC d/b/a Champion Mortgage Company v. Carey C.A. No. 9274-MA (November 26, 2014)

Posted November 13, 2014

IMO the Estate of Zigfrids B. Blums, deceased C.A. No 7479-ML (November 12, 2014)

Posted October 6, 2014

IMO The Estate of Aldon S. Hall C.A. No. 8122-MA (October 2, 2014)

Posted September 18, 2014

IMO The Estate of Paulina duPont Dean C.A. No. 7430-ML (September 17, 2014)

Posted September 8, 2014

Richard A. McCloskey v. John A. McCloskey, et al. C.A. No. 6061-ML (September 3, 2014)

Posted August 20, 2014

Last week, Gov. Jack Markell signed into law the Fiduciary Access to Digital Assets and Digital Accounts Act, which gives personal representatives, guardians, power of attorney, trustees, or any other fiduciary entrusted to exercise authority over digital assets or digital accounts access to transfer, copy, or destroy a digital asset or digital account.

Posted August 12, 2014

Hardy v. Hardy, et. al. C.A. No. 7531-VCP (July 29, 2014)

The Delaware Court of Chancery recently removed the trustees of a trust set up for the benefit of an individual who had received over $300,000 for the settlement of sex abuse case against the Catholic Diocese of Wilmington. The trustees spent the majority of the settlement in only five months. The court awarded the beneficiary his attorneys’ fees and costs under the bad faith exception to the American Rule.

Posted August 11, 2014

IMO DANIEL KLOIBER DYNASTY TRUST U/A/D DECEMBER 20, 2002 C.A. No. 9685-VCL (August 1, 2014)

Posted June 9, 2014

IMO Restatement of Declaration of Trust Creating the Survivor's Trust Created Under the Ravet Family Trust C.A. No. 7743-VCG (June 4, 2014)

Posted May 21, 2014

Beverly McCarty and Ragen McCarty v. John M. McCarty, Jr. as an Executor of the Estate of Michael L.

Posted March 10, 2014

Charles B. Grace, Jr., v. Ashbridge LLC, a Delaware limited liability company, C.A. No. 8348-VCN (December 31, 2013)

Posted February 5, 2014

In the Matter of: Restatement of Declaration of Trust Creating the Survivor’s Trust Created Under the Ravet Family Trust Dated February 9, 2012, C.A. No. 7743-VCG (January 29, 2013)

Posted January 30, 2014

IMO the Restated Revocable Trust of Lawrence F. Conlin, deceased C.A. No. 8052-ML (January 21, 2014)

Posted January 30, 2014

In re: The Estate of Mary Elizabeth Hutton C.A. No. 6863-ML (January 24, 2014)

Posted December 17, 2013

Estate of Ralph A. Gallegan, C.A. No. 8552-MA (December 16, 2013)

Posted November 21, 2013

Nancy B. Minieri, et al. v. Diane E. Bennett, C.A. No. 4792-ML (November 13, 2013)

Posted November 4, 2013

IMO The Estate of Leonard Rich, KC-ROW #F03072007R (October 29, 2013)

Pursuant to Chancery Court Rule 144(a)(1), Master Pro Hac Vice Poppiti issued a report on exceptions to the final accounting, as filed collectively by four beneficiaries of the estate.

Posted October 7, 2013

Peierls Family Trusts Case Nos. 16810, 16811 & 16812 (October 4, 2013)

Posted September 23, 2013

Mennen v. Wilmington Trust, C.A. No. 8432-ML (September 18, 2013)

Posted September 23, 2013

Cecil W. Scott v. Roland E. Scott C.A. No. 6604-MA (September 13, 2013)

Posted September 6, 2013

IMO Estate of Robert N. Gardner C.A. No. 5506-MA (August 13, 2013)

Posted August 23, 2013

In the Matter of The Mary R. Latimer Trust U/A/D 12/3/1924 C.M. No. 17254-N-VCL (August 19, 2013)

Posted July 8, 2013

IMO Purported Codicil/Amendment to the LW&T of Lucia R. Sierra, C.A. No. 7769-ML (June 26, 2013)

Posted May 24, 2013

Danuta Saitis, executrix of the Estate of Stefan Szewczyk, deceased v. Elizabeth L. Malatesta, C.A. No. 7492-ML (May 13, 2013)

Posted May 23, 2013

Taglialatela v. Galvin, C.A. No. 5841-MA (May 14, 2013)

Posted May 13, 2013

In the matter of Trust Under the Will of Elizabeth Williams Vale for the Benefit of Frederic B. Asche, Jr., C.A. No. 7662-ML (April 29, 2013)

Posted May 1, 2013

In re the Adoption of C.A.H.W. File No. 95–05–03–A (March 28, 2013)

Posted April 26, 2013

Honaker v. The Estate of Dorothy T. Haas, C.A. No. 7966-VCG (April 11, 2013)

Posted April 22, 2013

IMO Trust for Grandchildren of Wilbert L. and Genevieve W. Gore dated April 14, 2972, C.A. No. 1165-VCN (April 1, 2013).

Posted March 18, 2013

IMO Trust for Grandchildren of Wilbert L. and Genevieve W. Gore, C.A. No. 1165-VCN (February 27, 2013).

At the conclusion of this litigation, the court ordered that all parties’ fees be paid by the trust.

Posted March 8, 2013

Davis v. Estate of Mary S. Perry, C.A. No. 2419-VCG (January 2, 2013).