Probate Law
 
DISABILITY RIGHTS NEW JERSEY, INC. v. COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES

The recent history of civil commitment of the mentally ill in this country is inextricably linked with the development of psychotropic drugs—antipsychotics, antidepressants, mood stabilizers, and the like. According to an expert report submitted to the District Court, effective psychotropic medications emerged in the 1950s and “rapidly became a mainstay of treatment” in psychiatric hospitals “beca... More...   $0 (08-09-2015 - NJ)

Canisius v. Morgenstern

Peter Canisius, Jr. (Peter), the former
husband of Erin Joy Morgenstern (Erin), appeals from a judgment
of divorce of the Probate and Family Court. He argues that the
judge erred in treating Erin's vested contractual rights to
future payments resulting from the best-selling novel, The Night
1 Chief Justice Rapoza participated in the deliberation on th... More...
   $0 (08-09-2015 - MA)

STATE OF NEW MEXICO, FRANK C. FOY and SUZANNE B. FOY, v. AUSTIN CAPITAL MANAGEMENT, LTD,

In this case, we address whether the retroactive application of the Fraud
4 Against Taxpayers Act, NMSA 1978, Sections 44-9-1 to -14 (2007) (“FATA” or “the
5 Act”) violates the Ex Post Facto Clauses of the United States and New Mexico
6 Constitutions. See U.S. Const. art 1, § 10, cl. 1; N.M. Const. art. 2, § 19. We hold
7 that FATA is constitutional. The treble damages under FA... More...
   $0 (08-05-2015 - NM)

Dorothy Blansfield v. Alumni Association of Arizona State University, et al.

Plaintiff, Dorothy Blansfield, was a cousin of the decedent, John J. Egyed, Jr. (the
“Decedent”). Blansfield is one of the alternative residual beneficiaries designated by
Decedent in his last will and testament. Defendants, the Alumni Association of Arizona
State University (“Arizona State”), the Alumni Association of Temple University
(“Temple”), and the Roman Catholic Dioc... More...
   $0 (08-02-2015 - DE)

Carl "Stacey" Neese, individually and a/n/f of Logen Neese, Cameron Neese, et al. v. Ted B. Lyon, Marquette Wolf, et al.

Appellants sued appellees on several theories of liability including barratry. The trial court granted a take-nothing summary judgment in favor of appellees. Appellants raise thirteen issues on appeal. We affirm the trial court’s judgment in part, reverse it in part, and remand for further proceedings consistent with this opinion.
1 The Honorable Kerry P. FitzGerald, Retired Justice, was a mem... More...
   $0 (07-31-2015 - TX)

Sanders v. Yanez

Mary is the only child of the marriage of Marion C. Sanders and Herbert H. Sanders. Mary’s half brother, George, is Herbert’s son and Marion’s stepson. Respondent Jody Lynn Sanders Yanez is George’s eldest daughter.
In 1975, Marion executed a will prepared by a California attorney and executed in California. Marion’s will placed most of her separate property assets in the Trust and provi... More...
   $0 (07-31-2015 - CA)

United States of America v. Patricia Merz and Christopher McGuigan

Burlington, VT - Patricia Merz And Christopher McGuigan Sentenced For Embezzling From Mother's Bennington Estate

Patricia Merz, 58, of Niskayuna, New York, and her brother, Christopher McGuigan, 53, of Rutland, have been sentenced in United States District Court in Burlington following their convictions on federal fraud and conspiracy charges. Today, Chief U.S. District Judge Christina Re... More...
   $0 (07-28-2015 - VT)

In the Estate of Ruth Bailey, Deceased

In this appeal from a will contest, the appellants contend that the trial court
erred in granting summary judgment against them, because they raised genuine
issues of material fact regarding the deceased’s testamentary capacity. Finding no
error in the judgment, we affirm.
I. BACKGROUND
Ruth Bailey died in 2008 and was survived by four daughters: Iona Grant,
Loretta Moss, N... More...
   $0 (07-26-2015 - TX)

Roland Fannin, as Dependent Administrator of the Estate of Joyce Ellen Fereday, deceased and Shannon Sanders

Appellant Roland Fannin, as dependent administrator of the estate of his deceased mother, Joyce Fereday, and Shannon Sanders, Joyce’s daughter, appeal
2
the trial court’s final judgment in a probate action declaring, among other things, that three assets are the separate property of Appellee Thomas Fereday, Joyce’s surviving husband. Because the parties stipulated that one of these assets ... More...
   $0 (07-21-2015 - TX)

Margaret Onwudiegwu v. Jaime J. Dominguez

In this appeal from a judgment ordering a property owner to pay a construction
worker damages in quantum meruit for work performed in constructing a new home, the
property owner argues that the county court at law lacked jurisdiction over the claim
and that there is legally insufficient evidence to support the judgment. We conclude that
although the trial court had jurisdiction, th... More...
   $0 (07-16-2015 - TX)

Larry Higgins v. BAC Home Loans Servicing, LP

Kentucky’s recording statutes require that an assignment of a
mortgage must be recorded within 30 days. Plaintiffs in this putative class action contend that,
for purposes of the recording requirement, a transfer of a promissory note is an assignment of a
mortgage securing the note, such that the transfer must be recorded. The district court below
agreed and issued an order to that... More...
   $0 (07-16-2015 - KY)

Pamela Y. Kelley, Arthur Lee Kelley, Clara Brooks and Gary L. Leonard v. LaVearn Ivey

Appellants, Pamela Y. Kelley, Arthur Lee Kelley, Clara Brooks, and Gary L.
Leonard, appeal a temporary injunction precluding appellants from executing a
judgment against a non-party by selling property which appellee, Lavearn Ivey,
claims to own. Ivey raises a cross-point requesting appellate sanctions. We affirm
the temporary injunction and deny the request for sanctions.
2More...
   $0 (07-16-2015 - TX)

In the matter of the Estate of Terry Glenn Arnold, deceased

This appeal concerns the appointment of an independent administrator of
the Estate of Terry Glenn Arnold in Ector County, Texas. In a single issue,
G. Brad Carter, Appellant, complains that the trial court was without authority
to appoint an independent administrator in the face of a will naming Appellant
as the independent executor. We disagree and affirm the order of the trial co... More...
   $0 (07-16-2015 - TX)

Searcy Denney Scarola Barnhart & Shipley, P.A. v. State of Florida

Appellants Searcy Denney Scarola Barnhart & Shipley, P.A. (“Searcy Denney”), et al. appeal the refusal of the guardianship court to authorize payment of $2.5 million in attorneys’ fees to the firms involved in the litigation of a medical malpractice lawsuit, the appeal, and a subsequent lobbying effort to secure a claims bill (also deemed a “private relief act”) from the Legislature on behalf of A... More...   $0 (07-15-2015 - FL)

BOS TERRA, LP v. KENT and JULIE BEERS,

The underlying facts are largely undisputed by the parties. In 1977, neighboring
Judith Basin ranch owners, E. Viola Barrett, Wayne and Marian Stevenson, and Viktor and
Lillian J. Kolar, signed a contract entitled “Real Estate Easement Agreement.” The contract
defines Barrett as “Grantor” and the Stevensons and Kolars as “Grantees” and provides, in
relevant parts:
Sectio... More...
   $0 (07-15-2015 - )

J.A. CARR v. RONALD A. ROSIEN et al.

John Carr filed a prior quiet title action against Earnest Ortiz and Anna Colón. In
connection with that action, he recorded a lis pendens. However, he did not mail the lis
pendens to either Ortiz or Colón; instead, he filed a declaration that their addresses were
unknown. He also did not examine the county assessor‟s roll, which would have shown
that Ortiz and Colón h... More...
   $0 (07-15-2015 - )

ALICE M. SHEA vs. THERESA LORENZ and MARK LORENZ

Alice Shea appeals, and Theresa Lorenz and Mark Lorenz cross-appeal,
the district court’s decision following a bench trial that involved the transfer of
certain investment accounts owned by William (Bill) Lorenz before his death. Bill
was ordered to pay his former spouse, Alice, traditional alimony in the amount of
$2000 per month until her death or remarriage. This alimony o... More...
   $0 (07-12-2015 - )

Cyril J. Smith, Jr. v. Saihat Corporation

Appellant Cyril J. Smith, Jr. sued appellee Saihat Corporation to declare
invalid two deeds that conveyed property to Saihat. The trial court ordered that
Smith take nothing on his claims against Saihat and declared that Saihat was the
owner of the property. We affirm.
BACKGROUND
This case involves a dispute over title to an interest in a tract of real property
2
locate... More...
   $0 (07-09-2015 - TX)

James L. Janes, Sam Britton Pyland, Jr. as Independent Executor of the Estate of Lucy Pyland, Deceased, and Dennis Spence Janes as Independent Executor of the Estate of Woodrow Wilson Janes, Deceased v. Mary Adams as Independent Executor of the Estate of Bettie Maxey, Deceased

James L. Janes, Sam Britton Pyland, Jr. as Independent Executor of the Estate of Lucy Pyland, Deceased, and Dennis Spence Janes as Independent Executor of the Estate of Woodrow Wilson Janes, Deceased appeal from a denial of their contest of the will of Bettie Maxey, who had passed away in 2011. The appellants complain that the evidence
Janes v. Adams Page 2
was legally and factually insuff... More...
   $0 (07-09-2015 - TX)

In the Interest of LG, a child

Appellant mother (“Mother”) appeals the trial court’s order terminating her parental rights to her child, L.G. Mother does not challenge the sufficiency of the evidence to support the trial court’s findings under section 161.001(1) of the Texas Family Code (“the Code”), but contends the evidence is legally and factually insufficient to support the trial court’s finding that termination was in the ... More...   $0 (07-08-2015 - TX)

Jacob Doe v. Hartford Roman Catholic Diocesan Corporation

A jury found that the defendant, the
Hartford Roman Catholic Diocesan Corporation, acted
negligently and recklessly when it assigned Father Ivan
Ferguson, an alcoholic whose admitted acts of child
molestation were understood to be linked to his drinking,
to serve as the director of Saint Mary’s Elementary
School in Derby (Saint Mary’s School), where he sexually
abus... More...
   $0 (06-27-2015 - CT)

Jeanette J. Mattern v. Frank J. Mattern Estate, by and through Anne M. Erickson, personal representative

[¶1] As surviving spouse of Frank Mattern, Jeanette Mattern appeals a district court judgment dividing the couple's marital homestead into three individual apartments and ordering Jeanette Mattern to pay rent retroactively and in the future while she lives in the homestead. We affirm the portion of the district court judgment granting Jeanette Mattern a homestead in the second-floor residence of ... More...   $0 (06-11-2015 - ND)

George W. Clay v. Mountain Valley Mineral Limited Partnership

[¶1] Appellants George and Dana Clay, et. al (hereinafter referred to collectively as
“the Clays”) assert the district court erred by declaring Appellee Mountain Valley
Mineral Limited Partnership (Mountain Valley) owned title to mineral interests in certain
Converse County, Wyoming property. The district court granted summary judgment in
favor of Mountain Valley, concluding a... More...
   $0 (06-11-2015 - WY)

The State of Texas For the Best Interest and Protection D.P., As a Mentally Ill Person

In this accelerated appeal, appellant D.P. appeals the probate court’s judgment ordering temporary commitment for inpatient mental health services and its order for the administration of psychoactive medication. In two issues, D.P. argues the evidence is legally and factually insufficient to support the judgment and the order. We affirm.
1 The Honorable Polly Jackson Spencer was the presidin... More...
   $0 (06-10-2015 - TX)

Jessica Chan v. Peter Curran

After plaintiff and appellant Jessica Chan’s mother died from internal
hemorrhaging related to Coumadin use following heart surgery, Chan successfully sued
defendant and respondent Peter Curran for medical malpractice. Neither the sufficiency
of the evidence to support the malpractice verdict, nor any other issue associated with the
trial and the rendition of the jury verdict, is... More...
   $0 (06-09-2015 - CA)

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