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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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