TESTAMENTARY TRUST: Anti-lapse statute not applicable to ranch Trust which clearly provides contrary intent, not necessarily equal distribution to children and grandchildren. . . Hayworth affirmed. [Read more…]
Conservatorship, waste/dissipation of assets
CONSERVATORSHIP/PROCEDURE: “Directed verdict” following nonjury trial was judgment on partial findings, not judgment as matter of law… reviewing judgment on partial findings under doctrine of “implied findings,” conservatorship based on waste or dissipation properly rejected… Todd affirmed (IOR I-3(c)). [Read more…]
HOA, reconstruction of destroyed bridge
HOA: Articles do not mandate reconstruction of destroyed bridge when other bridges provide access, cost estimate far in excess of $1,500, and majority of members object… supervisory control of Gilbert granted ordering summary judgment for HOA (order). [Read more…]
Wrongful discharge/choice of law
WRONGFUL DISCHARGE/CHOICE OF LAW: Colorado proper forum to adjudicate claim of Coloradoan based in Colorado discharged by Montana employer… claim analyzed under contract, not tort, principles… Jones. [Read more…]
Contract, 3rd-party beneficiaries, credit line
CONTRACT: Purchasers of property not intended 3rd-party beneficiaries of sellers’ credit line, no standing to enforce release of trust deed after providing payoff funds (bank contends that sellers’ oral request [Read more…]
Probate, will challenge, standing, claimed prior will
PROBATE: Will challenge improperly dismissed for lack of standing before opportunity to establish whether “dependent [Read more…]