SETTLEMENT AGREEMENT for disbursement of ranch trust properly enforced over claim of incapacity by COVID, undue influence by threat of litigation, individual ownership of sections under long-expired contract for deed… Wald affirmed. [Read more…]
Probate, will
PROBATE: Rehearing denied of Opinion affirming order by Moses probating will… order. [Read more…]
Probate, POD beneficiaries’ “creditor’s claim”
PROBATE: Claim by decedent’s siblings for $100,371.75 POD funds properly allowed as creditor’s claim over challenge by estranged daughter… undue influence by neighbors, competing wills, right to jury, appointment of independent PR… 10% “legal rate” interest improperly awarded on creditor’s claim… Moses affirmed, reversed (IOR I-3(c)). [Read more…]
Ranch sharing agreement, hunting/agriculture/recreation
RANCH SHARING AGREEMENT: Claims of parties who divided 6,000-acre ranch into parcels designated for hunting, agriculture, and recreation under shared-use agreements properly determined. . . mutual mistake claims not time-barred, extrinsic evidence properly considered in interpreting and reforming contract. . . Hayworth affirmed. [Read more…]
Bench judgment, competing ranch plan claims
BENCH JUDGMENT: Claims of parties who divided 6,000-acre ranch into 3 parcels designated for hunting, agriculture, or recreation under shared-use agreements that fell apart determined… intent as to usage rights, contract revision, actual/constructive fraud, statute of limitations, access easements (express, implication, prescription, necessity, existing use), unjust enrichment, constructive trust, slander of title, fees/costs… Hayworth. [Read more…]
Spite fence, golf course, trash/trespassers
SPITE FENCE: Fact issues as to trash/trespassers from adjacent lots preclude summary judgment for golf course on spite fence/nuisance claims… ACC approval not waived… Gustafson reversed. [Read more…]