Justia Delaware Court of Chancery Opinion Summaries

This matter came before the court on a Petition for Partition of a five acre parcel of land. The property had been sold by a Trustee, the Trustee's Return had been accepted, and the proceeds of the sale had been placed in escrow. The property was owned in common by petitioner and her five co-tenants. Petitioner had filed a claim against the proceeds of the sale for her attorney's fees and to reimburse her for the cost of an appraisal of the property she ordered in connection with her partition request. The court held that there was no common benefit that had been accomplished for the co-tenants and therefore, the application of the "common benefit" exception to the American Rule was not warranted and each party must bear his own attorneys' fees. The court also held that the appraisal was obtained at the request of and for the benefit of petitioner, who wished to sell her interest. Therefore, the cost must be borne by petitioner. View "Moore v. Davis, et al." on Justia Law

This was an action for approval of accounting and termination of a testamentary trust. Jean I. Willey, the testator, had four sons: Todd, Mark, Scott, and Dale. Todd, filed a motion seeking approval of the trust accounting and the termination of Mark's supplemental needs trust, the corpus of which, according to Todd, was reduced to around $5,000 and should be turned over to Mark (via his guardians). The petition to approve the accounting and terminate the trust was opposed by Mark and Scott, together with Scott's wife (collectively, the "Objectors"). The Objectors made three objections to the Petition to Terminate the Estate: the gift of money from Jean to Todd during her lifetime worked an ademption on the bequest to Todd of a portion of the residue of Jean's estate; Jean's real property, which passed to the four brothers as co-tenants, and which was informally managed as a rental property for several years by Dale, generated more income than had been distributed to the brothers; and the language in the will which they construed as creating in Jean's real property a life estate for Mark. The court denied all of the Objector's objections and granted the Trustee's Petition to Approve the Accounting and the Dissolution of the Trust. The court also held that the trustee should submit a form of order consistent with the opinion within thirty calendar days. View "In the matter of: Jean I. Willey Trust" on Justia Law

This case stemmed from a dispute regarding the distribution formula of an irrevocable trust that Wilbert L. and Genevieve W. Gore set up for the benefit of their grandchildren (Pokeberry Trust). The court held that the October Instrument governed the Pokeberry Trust; the Pokeberry Formula would be applied to determine how the corpus of the trust would be distributed among the Gores' nineteen natural-born children; and Jan C. was neither a grandchild of the Gores for purposes of the Pokeberry Trust nor entitled to any relief other than what he was granted by the September Opinion. Counsel was requested to confer and to submit an implementing order. View "In the Matter of Trust for Grandchildren of Wilbert L. and Genevieve W. Gore " on Justia Law

This case stemmed from an adverse possession property dispute in Sussex County, Delaware. The court found that petitioners were, by at least 1980, aware of (and, therefore, on notice of) the claims of William Wiggins to the exclusive, fee simple ownership, as a surviving husband of Anna Wiggins, to attractive real property. The court also held that William's possession was known to plaintiffs at least by then to be exclusive as to them. Therefore, with these findings of fact, the rights of William and, thus, those claiming under him, including Parker Enterprises, Inc. Profit Sharing Plan (Parker), now the only record owner of the property, to title by adverse possession, were hereby confirmed in light of passage of more than twenty years between 1980 and 2006, the date when this action was commenced. Accordingly, Parker had demonstrated that it was the fee simple owner of the property and that the remaining plaintiffs have no right to the property. View "Conaway v. Hawkins, et al." on Justia Law

This dispute arose from a preliminary injunction preventing defendants from demolishing a house on property they purchased in the Westover Hills Section C housing development and converting it to a grassy play area for their children. The court subsequently denied a permanent injunction and awarded defendants damages in the full amount of the accompanying injunction bond. Defendants appealed the amount of the bond and the related damages award. After careful consideration of the parties' arguments, briefs and supporting submissions, the court decided to set the injunction bond at $26,353 and, if necessary, to hold an evidentiary hearing promptly to determine defendants' damages. View "Service Corporation of Westover Hills v. Guzzetta, et al." on Justia Law