Probate Law
 
Commonwealth v. Henry

According to the application for the first
complaint, on July 29, 2004, Yarmouth police officer Sean Brewer
was dispatched to the home of Robin Edwards. Edwards reported
that she had an active restraining order against the defendant,
who is her former boy friend and the father of her son. The
restraining order in question, which included a no-contact
provision, had... More...
   $0 (10-03-2015 - MA)

State Of Nebraska v. Jackson

Kena G. Jackson was convicted of possession of a controlled substance with enhancement pursuant to the habitual
- 910 Nebraska advaNce sheets 291 Nebraska reports STATE v. JACKSON Cite as 291 Neb. 908 criminal statute.1 On June 9, 2004, Jackson was sentenced by the district court to 10 to 15 years’ imprisonment, with 196 days credit for time served. The Department erroneously discharged Jacks... More...
   $0 (10-02-2015 - NE)

Red Boot Production Company, Inc., Barbara Landrum, Widow of Claude John Landrum, Eric Landrum, Matthew Wayne Landrum, Scott Michael Landrum, Dawn Ewing Mills, Tamara Ewing, Sean Ewing, Laura Ewing, J. Patrick Morris Sr., Joseph J. Morris, et al v. Samson Exploration, LLC and SM Energy Company F/K/A St. Mary Land & Exploration Company, et al

In this trespass to try title appeal that concerns oil and gas interests, the parties to the appeal dispute whether the trial court properly granted summary
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judgment quieting title to a strip of land in use as an irrigation canal. Based on the summary judgment evidence, the trial court determined that a 1908 deed and a 1916 deed conveyed the grantor’s interest in the two tracts to the ce... More...
   $0 (10-01-2015 - TX)

Jean Best v. Brianna Best

This case concerns a dispute regarding who is entitled to the proceeds of a retirement annuity contract. Kevin Best, the father of Brianna Best and ex-husband of Jean Best,1 made contributions to employer-sponsored retirement accounts administered by the Variable Annuity and Life Insurance Company (“VALIC”). Approximately three years after Kevin executed the beneficiary designation on his retir... More...   $0 (09-30-2015 - WY)

Brady v. Citizens Union Savings Bank

Eggers's father, Wilson O. Smith, established
the trust in 1987. Among the beneficiaries were Smith's wife,
Betty Georgas (who was not Eggers's mother), Eggers, and
Eggers's children. In December, 2006, Eggers and one of her
daughters initiated a lawsuit in the Probate and Family Court
against the trustees, Thomas T. Brady and Edwin J. Haznar,
alleging breach of fid... More...
   $0 (09-30-2015 - MA)

In the Matter of Tower Park Properties, LLC

The Bankruptcy Code confers a “right to be heard” with
respect to “any issue in a case under [Chapter 11]” on any
“party in interest.” 11 U.S.C. § 1109(b). We have previously
held that party-in-interest status is a necessary prerequisite to
bankruptcy standing. In re Thorpe Insulation Co., 677 F.3d
869, 884 (9th Cir. 2012). In this case, we consider whether
a beneficiary of... More...
   $0 (09-28-2015 - CA)

Conservatorship of Christopher B

Given the narrow focus of the legal underpinning for the Murphy conservatorship, we do not need to relate the evidence at trial. We draw some of the following facts from our opinion in Christopher B.’s appeal from the first effort to establish a conservatorship over his person and estate. (Conservatorship of Christopher B. (Mar. 6, 2014, C073478) [nonpub. opn.].)
In September 2003, Christo... More...
   $0 (09-28-2015 - CA)

In the Estate of Martin Van Curtis Jr.

Jewel was married to Martin Van Curtis Jr. (Martin) from 1966 until 2010. On August 10, 2010, the trial court signed a judgment that awarded Martin a default judgment and divorce. Martin died in 2011. According to Jewel’s appellate brief, Jewel and Martin’s son sought to probate Martin’s will that Martin executed in 1999. Jewel alleges that Mary Ann Williams (Williams), “a woman who had a relation... More...   $0 (09-24-2015 - TX)

In the Estate of Martin Van Curtis Jr.

The trial court signed a final order denying a bill of review on January 10, 2014. The appellant, Jewel Agness Curtis (Jewel), filed an appeal. We affirm.
UNDERLYING FACTS
Jewel was married to Martin Van Curtis Jr. (Martin) from 1966 until 2010. On August 10, 2010, the trial court signed a judgment that awarded Martin a default judgment and divorce. Martin died in 2011. According to Jewel’... More...
   $0 (09-24-2015 - TX)

In the Estate of Rodney Joe Knight, Deceased

Rodney Joe Knight died on November 11, 2013. Appellee Roy D. Knight, the decedent’s brother, filed an application to probate the decedent’s will. Moore contested the will, asserting that she and the decedent had an informal marriage. Knight countered that Moore lacked standing and was not an interested party under the Texas Estates Code because she was not married to the decedent.
At Knight’s ... More...
   $0 (09-23-2015 - TX)

In the Estate of Rodney Joe Knight, Deceased

Natosha Moore appeals the trial court’s admission of the will of Rodney Joe Knight to probate. She presents four issues for our consideration. We affirm.
BACKGROUND
Rodney Joe Knight died on November 11, 2013. Appellee Roy D. Knight, the decedent’s brother, filed an application to probate the decedent’s will. Moore contested the will, asserting that she and the decedent had an informal mar... More...
   $0 (09-23-2015 - TX)

JASON TODD HIBSMAN v. THE STATE OF WYOMING

Mr. Hibsman’s father, John H. Hibsman, Jr., died testate on June 22, 2008. The will divided his estate, which consisted primarily of two houses, located in Casper, Wyoming, as well as some personal property and stocks, equally amonghis four children. In December 2008, the will was admitted to probate and, consistent with the will, Mr. Hibsman was appointed personal representative of his father’s ... More...   $0 (09-15-2015 - WY)

In re: Sister Jan E. Renz, Independent Executor of the Estate of Bernice Morene Ille, Deceased

Relator Sister Jan E. Renz has filed a petition for writ of mandamus seeking to
compel the trial court to vacate orders that would require the Estate of Bernice Morene Ille (the
Estate) to immediately transfer certain assets and to pay the real party in interest’s attorney’s fees.1
For the reasons discussed below, we conditionally grant the writ.
Bernice died on January 23, 2013, a... More...
   $0 (09-15-2015 - TX)

Uzoma v. Okereke

The plaintiff filed a complaint for annulment,
and a motion for service of the complaint by publication, in the
Probate and Family Court on July 13, 2010. On that same day a
judge of that court allowed the motion for service by
publication, endorsed the motion by noting "service is waived"
(emphasis in original), and entered a judgment of annulment.
There is no ind... More...
   $0 (09-14-2015 - MA)

Litherland v. Jurgens

Litherland was the daughter of Etta J. Ideus Jurgens (Etta), who died on January 2, 2013, as a resident of Beatrice, Gage County, Nebraska. Jurgens and Lenners were Etta’s stepchildren. Each is a beneficiary under Etta’s will dated November 4, 2004, which was offered for probate in the county court. Under the terms of the will, Litherland was to receive certain real estate if it was owned by Etta ... More...   $0 (09-12-2015 - NE)

Barker v. Fox & Associates

An understanding of the factual background predating Barker’s complaint is necessary to put the matter in context, and we begin with that background.
Allison McBride (Allison), an elderly woman, suffered from dementia for many years. Allison had two daughters, Lucy McBride Olsen (Olsen) and Cameron Volker (Volker).
For several years, a dedicated team of paid caregivers—described by Olse... More...
   $0 (09-11-2015 - CA)

United States of America v. Randolph Scott

Philadelphia, PA - Bucks County Lawyer Sentenced For Tax Evasion and Fraud Scheme

Randolph Scott, 72, of Doylestown, PA, an attorney whose practice included estate and probate matters, was sentenced today to 48 months in prison for defrauding a client’s estate of more than $2.3 million. Scott maintained a law office – Randolph Scott Associates – in Warrington, PA. He pleaded guilty on Mar... More...
   $0 (09-10-2015 - PA)

For the Best Interest and Protection of A.S., a Mentally Ill Person

A.S. appeals the probate court’s order granting an application for temporary commitment for mental illness. A.S. challenges the legal and factual sufficiency of the evidence to support the probate court’s order committing him for court-ordered temporary mental health services. We affirm the probate court’s order.
STANDARD OF REVIEW
The burden of proof for an involuntary commitment is by cl... More...
   $0 (09-09-2015 - TX)

American Homeowner Preservation Fund, LP v. Brian J. Pirkle, Tarrant County, Tarrant County Hospital District, City of Sansom Park, and Tarrant County Community College District

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property
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purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring null and void a note executed by Cathy Lewis1 and secured by the property, dismissing American’s constitutional takings claims against the taxing authorities involved in th... More...
   $0 (09-03-2015 - TX)

GARY C’HAIR and ROCHELLE C’HAIR, v. DISTRICT COURT of the NINTH JUDICIAL DISTRICT and JOHN STROHECKER,

On July 27, 2009, Plaintiff, John Strohecker, who is a non-Indian resident of Riverton, Wyoming, was traveling southbound on Wyoming Highway 789 from his home in Riverton to Lander, Wyoming. As Plaintiff passed the parking lot of the Northern Arapaho 789 Smokeshop/Casino, Defendant Gary C’Hair pulled out of the parking lot and struck the vehicle Mr. Strohecker was driving. Mr. C’Hair is an enro... More...   $0 (08-26-2015 - WY)

In re Carlton Sewell

Carlton Sewell, Relator, has filed a petition for a writ of mandamus seeking relief from an order denying his motion to withdraw deemed admissions. After considering Relator’s petition and the response by the real parties in interest (RPI),1 we hold that the trial court erred in denying Relator’s motion to withdraw his deemed admissions. We conditionally grant the writ of mandamus and order the tr... More...   $0 (08-25-2015 - TX)

Office of Lawyer Regulation v. Joseph M. Capistrant


We review Referee Daniel L. Icenogle's recommendation that the court suspend the Wisconsin law license of Attorney Joseph M. Capistrant for a period of 90 days for professional misconduct. The referee also recommended that Attorney Capistrant pay the costs of the proceeding, which total $574.94 as of June 1, 2015.

¶2 Because no appeal has been filed, we review the referee's repor... More...
   $0 (08-18-2015 - WI)

Shelby County Health Care Corp v. Southern Farm Bureau Casualty

John Smiley, a resident of Monroe County, Arkansas, was severely injured when a vehicle driven by Aaron Medford, a resident of Woodruff County, Arkansas, struck Smiley’s vehicle. The accident occurred in Monroe County, Arkansas. Smiley was transported to the Med, a medical center in Memphis, Shelby County, Tennessee, located just across the Mississippi River from Arkansas, where he received seve... More...   $0 (08-15-2015 - AR)

Murphy v. Wachovia Bank of Delaware, N.A.

This case concerns the proper distribution of
surplus funds after a foreclosure sale initiated and conducted
by the holder of a second mortgage. After a jury-waived trial,
1 Of the bankruptcy estate of Nigel Thorpe.
2 John A. Dunnery, in his capacity as vice-president of Wachovia Bank.
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a judge of the Superior Court ruled that defendant Wa... More...
   $0 (08-13-2015 - MA)

Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C.

In the summer of 2005, appellant Hartford Casualty Insurance Company (Hartford) issued one CGL insurance policy to Noble Locks Enterprises, Inc. (Noble Locks), effective from July 28, 2005, to July 28, 2006, and a second CGL policy to J.R. Marketing, L.L.C. (J.R. Marketing), effective August 18, 2005, to August 18, 2006. In these policies, Hartford promised to defend and indemnify the named insur... More...   $0 (08-10-2015 - CA)

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