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COA: Bank lacks standing to appeal trust terminations

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Old National Bancorp cannot appeal the termination of two trusts it served as a representative of, either in the representative capacity or on an individual capacity, the Indiana Court of Appeals held Thursday. As such, the court dismissed the appeal.

Old National was trustee of the Hanover College Trust and the Goodrich Trust when Hanover College petitioned to terminate both trusts. The trial court granted the petition in February and ordered Old National to transfer the trust assets to the college. Old National did not seek a stay of the judgment and transferred the assets. It later brought appeals in its capacity as trustee in both cases, which were consolidated.

The trial court granted Hanover College’s motion to dismiss on the ground that the bank lack standing to bring the appeal.

The COA found Union Savings & Trust Co. v. Eddingfield, 78 Ind. App. 286, 134 N.E. 497 (1922), and Simon v. Simon, 957 N.E. 2d 980 (Ind. Ct. App. 2011),  instructive in this matter.

Once the trusts terminated, the bank’s representative capacity was terminated along with any power or ability to act on behalf of the trusts, so Old National cannot maintain this appeal in its representative capacity, Senior Judge Carr Darden wrote in Old National Bancorp d/b/a Old National Trust Company, as Trustee of the Percy E. Goodrich Trust and the Hanover College Trust v. Hanover College, 68A05-1303-TR-111.

Old National argued it brought the appeal in its individual capacity, but the judges quickly dismissed the claim. The bank never moved to intervene in its individual capacity.

“Merely because Old National is aggrieved by losing the business and corresponding revenue that is involved in holding the position of trustee and administering trust assets does not automatically confer standing,” Darden wrote.

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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