PROBATE: Siblings properly awarded only $1 each from Estate based on Will’s no-contest provision and their challenge to their father’s common-law marriage and widow’s claim for elective share and statutory allowances… Cuffe affirmed (memorandum). [Read more…]
Marital, prior acquired properties, divorced, remarried
MARITAL: Estate with multiple prior acquired properties by divorced, remarried, reunited, separated, and divorced couple properly apportioned… Cuffe affirmed (memorandum). [Read more…]
Mine trespass, no valuable mineral deposits, no trespass
MINE TRESPASS: Because there were no valuable mineral deposits on Subject Claims, Wheelis improperly granted summary judgment for trespass claimants in 2013 (summary judgment was basis of damages-only ruling by Cuffe in 2018 trial which resulted in $3,325,000 verdict for owners of unpatented mining claims crossed by tunnel constructed to access patented claims of proposed Montanore mine)… Wheelis/Cuffe reversed. [Read more…]
$3,325,000 verdict, trespass across mining claims
VERDICT: $3,325,000 for trespass to owners of unpatented mining claims crossed by tunnel constructed to access patented claims of proposed Montanore mine. [Read more…]
Supervisory control, residence pending emancipation
SUPERVISORY CONTROL denied as to Cuffe permitting minor to live with grandparents pending adjudication of emancipation petition. . . order. [Read more…]
Will, $1 to contestants
WILL: 4 children’s inheritance properly limited to $1 under “no contest” provision of mother’s Will as they lacked probable cause to contest validity of Will… PR properly awarded fees/costs for defending… Wheelis affirmed (IOR I-3(c)). [Read more…]
Attorney’s lien, legal description of property
ATTORNEY’S LIEN not invalid for not including legal description of the property… Wheelis reversed. [Read more…]
Adoption, step-mother, self-claimed IAC
ADOPTION of children properly granted to stepmother over objections of mother and appointed counsel’s self-claimed incompetence… Wheelis affirmed. [Read more…]
Property/sanctions, cabin encroachment
PROPERTY/SANCTIONS: Cabin encroachment claims properly rejected on summary judgment… $12,513.30 Rule 11 fees properly assessed despite some claims being “arguably judicable”… appeal sanctions denied… Wheelis affirmed (IOR I-3(d)). [Read more…]
Contract/fraud, fraudulent transfer
CONTRACT/FRAUD: Appeal not moot despite Plaintiff’s purchase of property at sheriff’s sale as Defendant could still redeem… summary judgment for Defendants properly precluded by fact issues as to alleged fraudulent transfer… transaction improperly [Read more…]