ILNews

Justices take trust case after hearing arguments

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After hearing arguments June 6 in a dispute over the sale of a family farm, the Indiana Supreme Court has decided to take the case.

The justices granted transfer to Harold O. Fulp Jr. v. Nancy A Gilliland, Individually and as Successor Trustee of the Ruth E. Fulp Revocable Trust Dated June 29, 2005, 41S01-1306-TR-426.

The Indiana Court of Appeals ruled in August 2012 that Nancy Gilliland, individually and as successor of the trust, did not tortiously interfere with a contract that Harold Fulp had signed to purchase farmland his mother, Ruth Fulp, owns in a trust. He farmed the land on a rental basis.

The COA also held that Ruth Fulp at age 91 could properly execute a purchase agreement, and the family dynamic was a factor in her agreeing to sell the property below market value.

Ruth was the grantor, trustee and sole lifetime beneficiary of a revocable living trust when she entered into the agreement with her son to sell the land to him. Shortly thereafter, she resigned as trustee and her daughter, Gilliland, as successor trustee, repudiated the purchase agreement.

The justices also granted transfer to one other case last week, Robert Bowen v. State of Indiana, 08S02-1306-CR-423, in which they released an opinion June 14.

View the complete transfer list for the week ending June 14.

 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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