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Appeals court partially reverses denial of familial sale from trust

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A trustee who canceled the sale of Johnson County farmland from mother to son was within her rights to do so, but the 91-year-old mother was capable of executing the agreement, the Indiana Court of Appeals ruled Tuesday.

The court affirmed that Nancy Gilliland individually and as successor trustee of the Ruth E. Fulp Revocable Trust did not tortiously interfere with a contract that Harold Fulp had signed to purchase farmland his mother owns in a trust. He farmed the land near Franklin on a rental basis.

But the appeals court reversed the trial court by holding that Ruth Fulp at 91 could properly execute a purchase agreement, and the family dynamic was a factor in her agreeing to sell the property below market value.

Harold Fulp had presented various purchase scenarios for the land and suggested he pay $2,200 per acre, the same price his mother had allowed a daughter to pay years earlier.

Mother and son agreed on a total purchase price of $450,252, but before the deal could be closed, Gilliland canceled the transaction. The trial court found for Gilliland and ruled that Ruth was not mentally competent.

“Absent a finding of undue influence or mental incapacity — which Gilliland does not allege, nor did the trial court find any — Ruth entered into a valid agreement and Harold is entitled to specific performance of the Purchase Offer Agreement,” Judge Patricia Riley wrote in a unanimous opinion.

On the other hand, the court also upheld Gilliland’s voiding the deal in her role as trustee.

“Being confronted with a purchase offer agreement that depleted the trust corpus and sold the farm below fair market value, Gilliland, as successor trustee, had a legitimate and reasonable reason to repudiate the agreement. Therefore, we conclude that she did not tortiously interfere in the contractual relationship between Ruth and Harold,” Riley wrote.


 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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