Probate Law
 
Commonwealth of Massachusetts v. St. Louis

In this case, we are asked to examine whether the term "intellectual disability" in G. L. c. 265, § 13F
(indecent assault and battery on a person with an intellectual disability), renders the statute unconstitutionally vague. On
the effective date of November 2, 2010, the Legislature amended the statute substituting the term "mentally retarded person"
with "person with an intellec

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Solomon v. State Of Kansas

In 1861, the people of the new State of Kansas adopted a constitution that assigned judicial power to a supreme court and to various lower courts: "The judicial power of the State shall be vested in a supreme court, district courts, probate courts, justices of the peace, and such other courts, inferior to the supreme court, as may be provided by law; and all courts of record shall have a seal, t

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Inline Electric Supply Company, Inc. v. Samuel Eskildsen and Jennifer Eskildsen

Inline Electric Supply Company, Inc. ("Inline"), appeals from a summary judgment the Jefferson Circuit Court ("the trial court") entered in favor of Samuel Eskildsen and 2140917 Jennifer Eskildsen regarding Inline's effort to enforce an "unpaid-balance" materialman's lien. The record indicates the following. On March 26, 2012, the Eskildsens entered into a contract with Rusert Homes, LLC ("Rusert

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Jaynes, petitioner

On June 18, 2012, Charles Jaynes filed a petition pursuant to G. L. c. 210, § 12, to change his name,1
citing in support of his request his "Wiccan religious tenets." After a hearing, a judge of the Probate and Family Court denied the petition. On appeal, Jaynes argues that the judge abused her discretion and that the denial violates the free exercise clause of the First Amendment and the

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Michael A. Howard v. Cullman County and Barry Willingham, Revenue Commissioner of Cullman County

The revenue commissioner for each county is responsible for the assessment of property for the purpose of taxing the property, collecting those taxes, and making reports concerning the same. County property taxes are due on October 1 of each year and must be paid by December 31 to avoid incurring a late fee. Before its amendment during the course of this action, § 40-7-42, Ala. Code 1975 (herein

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In the Matter of Terrie Harman and Thomas McCarron

The petitioner, Terrie Harman, appeals an order of the Circuit Court (Carbon, J.) denying the request filed by her and the respondent, Thomas McCarron, to vacate their decree of divorce. We affirm.
The parties were married in 1989. In July 2014, they were granted an uncontested decree of divorce on the ground of irreconcilable differences that caused the irremediable breakdown of the mar

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American Homeowner Pres. Fund, LP v. Pirkle

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property *2purchased 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 the forecl

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North Fork Land & Cattle, Lllp v. First American Title Insurance Company

Between 1983 and 1999, Ronald and Carol Hansen purchased five separate properties and combined them to form a ranch in Fremont County, Wyoming. The Hansens held title to four of the properties as husband and wife. They obtained title insurance on the properties from First American and were named personally as insureds. Mr. Hansen held title to the other parcel as trustee of his revocable trust

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John P. Strake vs. Robinwood West Community Improvement District

Robinwood is a “public governmental body” as defined in section 610.010(4) of
the Sunshine Law. Mr. Strake resides within Robinwood’s borders. Mr. Strake
submitted a written request, pursuant to the Sunshine Law, for disclosure of documents
related to Robinwood’s settlement of a personal injury lawsuit. The settlement
agreement included a confidentiality clause provi

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Wimp v. American Highway Technology

This appeal is brought by an employer and its insurance carrier from an order awarding permanent-total-disability compensation to its employee. An employee qualifies for that compensation when an on-the-job injury has left "the employee . . . completely and permanently incapable of engaging in any type of substantial and gainful employment."
Wimp worked for 18 years doing manual labor for Amer

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Summers v. Financial Freedom

The relevant facts are, for all intents and purposes,
undisputed. On November 4, 1977, the decedent and Charlotte T.
Albeitsam took title as joint tenants with rights of survivorship
to residential property at 11 Sundance Street, Warwick, Rhode
Island (the Property). Following Albeitsam's death, the decedent
entered into a reverse mortgage with Financial Freedom Senior <

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Sandra Saks, Lee Nick McFadin, III, and Margaret Landen Saks v. Broadway Coffeehouse LLC

This is the second appeal this court has considered involving: (1) the real property located at 5321 Broadway (“Property”); and (2) 5321 Broadway Partners, the Texas general partnership which owns equitable title to the Property (“Partnership”).
The first appeal addressed a challenge to a judgment entered in a probate proceeding confirming an arbitration award. The arbitration award re

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United States of America v. Kim H. Birge

Savannah, GA - Former Chief Clerk of the Chatham County Probate Court Sentenced to 6 Years in Prison for Over $750,000 in Theft From Probate Court

KIM H. BIRGE, 61, the former Chief Clerk of the Chatham County Probate Court, was sentenced Friday by United States District Court Judge William T. Moore, Jr. to serve 6 years in federal prison for a scheme to steal money that was entrusted to

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David Childers and Robert DeShawn Childers v. Leroy Darby

In August 2012, Darby filed a complaint to quiet title in certain real property, averring: "1. This action is brought pursuant to the Code of Alabama, 1975, as amended, § 6-6-540, et seq., and 6-[6]-560, et seq. "The Defendant land, in which a fee simple ownership interest is sought, is as follows: "Beginning at a point on the East line of the Northeast 1/4 of the Northeast 1/4 of Section 9, Tow

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Custody of Victoria

The child in this case, Victoria,4 was born in
Mexico in 1997. She moved with her mother to Texas when she was
six years old, returned to Mexico to live with her maternal
grandmother when she was ten years old, and moved again to Texas
to live with her mother and stepfather when she was thirteen
years old. When Victoria was fourteen years old, in 2012, she
reported

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Needham v. Director of the Office of Medicaid

sole beneficiary.4 MassHealth reviewed this and other financial
information for purposes of determining whether Needham met the
financial eligibility requirements for long-term care under the
Medicaid program. See 130 Code Mass. Regs. § 520.003(A)(1)
(2009) (setting an eligibility ceiling of $2,000 in countable
assets). The irrevocable trust, also valued at $412,400, w

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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
2
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

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Tavani v. Riley

The plaintiff, Michael Tavani, appeals from the judgment of the trial court dismissing his action for adeclaratory judgment. On appeal,the plaintiff claims that the court improperly dismissed his action, sua sponte, on the ground that his case was not justiciable.1 We agree, and reverse the judgment of the trial court. The following facts and procedural history are relevant to the plaintiff’s cl

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Michael Bloom v. Sandra M. Swango

Michael Bloom appeals the probate court’s judgment declaring heirship, arguing in his first two issues that the probate court did not have jurisdiction to make a determination of heirship because Sandra M. Swango failed to allege and prove all the required statutory elements. In his third issue, Bloom contends that, because the probate court did not have jurisdiction, the probate court’s judgm

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United States of America v. Kahshone Burnett

We consolidated on appeal
Rahshone Burnett’s appeals of the sentences he received in
two separate cases. In his drug case, a jury convicted him of
buying and selling about 33 grams of heroin but acquitted
him of participating in a conspiracy. At sentencing, the gov‐
2              Nos. 13‐2882 & 13‐2974
ernment argued that one to three kilogram

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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 Knigh

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Cresto v. Cresto

Steven Cresto (Steven) and Terese Jones (Terese), collectively referred to herein as "children," were the natural children of Francis E. Cresto, deceased (Decedent). The children challenged Decedent's 2008 last will and testament and inter vivos trust which changed his prior estate plan to leave full ownership of all of his property to his third wife and the children's second stepmother, Mary K.

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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

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State of Alabama v. Robert Blake

This case involves a question of the constitutionality of four articles of Act 93-677, 1 Ala.Acts 1993, the Bail Bond Reform Act of 1993 (hereinafter "the Act" or "the Alabama Act"), which first became effective on July 1, 1993. On July 8, 1993, the Jefferson Circuit Court declared that articles V, VI, VII, and VIII of the Act were "unconstitutional, null and void." On July 16, the State appealed,

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Bank of the Ozarks v. Cossey

Frank Hamilton and Margaret Hamilton created the Hamilton Living Trust and were
the primary trustees. The trust’s terms provided that upon the death of one of the trustees,
the surviving trustee would serve as co-trustee with the Bank of the Ozarks Trust
Department. The trust further designated the Bank to serve as successor trustee once the
surviving trustee died. Should th

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