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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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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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