PROBATE: Self-deleting text about “touching up my will at the moment” and “i wanted to let you know that my sword company is going to go to you and david and ted” did not constitute valid will… Recht. [Read more…]
Settlement agreement, repudiation by failure to perform
SETTLEMENT AGREEMENT: Probate agreement for disposition of land properly found to have been repudiated by heir who failed to perform… Lint affirmed (memorandum). [Read more…]
Receivership, Receiver protected by judicial immunity
RECEIVERSHIP: Special Master correctly concluded that a court-appointed receiver is protected by judicial immunity, Master acted within his authority in determining that it was unnecessary for Receiver to require release or indemnification agreement to return disputed personal property, but Master exceeded his authority in determining that Receiver acted in good faith and within scope of his authority in obtaining & retaining the property… Special Master Kevin Jones affirmed, reversed. [Read more…]
Construction lien partial priority, unjust enrichment
CONSTRUCTION LIEN/UNJUST ENRICHMENT: Construction lien properly given priority over lender’s mortgage but only up to the $88,860 part of the loan allocated for construction… $93,650 for unjust enrichment properly awarded contractor against lender upon foreclosure sale… Allison affirmed. [Read more…]
Quiet title, mootness following sale to 3rd party
QUIET TITLE: Challenge to default judgment following sale improperly dismissed as moot before considering equitable remedies… Townsend reversed (IOR I-3(c)). [Read more…]