Archive for May, 2011

William Penn Partnership – There are No Winners (2011-5-30)

Category: Case law, Corporations, Real Property | Comments Off on William Penn Partnership – There are No Winners

The Delaware Supreme Court recently decided William Penn Partnership v. Saliba, a case in which there are no winners.  In the case, one of the members breached his fiduciary obligations, but his conduct caused no damage.  Nonetheless, the court awarded attorneys’ fees as an “equitable remedy.”  In this author’s view, the award distorts the law […]

Trust Does Not Create Contractual Rights in Favor of Beneficiary (2011-5-13)

Category: Case law, Trusts and estates | Comments Off on Trust Does Not Create Contractual Rights in Favor of Beneficiary

The courts are increasingly faced with the cases involving the interpretation and enforcement of estate planning trusts.  In Diaz v. Bukey (May 10, 2011) 2011 DJDAR 6650, the court concisely framed the dispute: “The beneficiary of a trust petitions to remove her sister as trustee of their parents’ trust.  The trustee responds by seeking to […]