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Estates and Trusts

Feb 12, 2018

DANIEL BAHR, et al. v. SALVATORE ZANNINO, et al.

Wills, trusts and estates — Undue Influence — Sufficient evidence This case concerns a challenge to the last will and testament of Larry Zannino Jr. (“Larry”), who passed away on October 23, 2013. Appellants in this case, Larry’s two sisters, Rose Lancaster (“Rose”) and Jeanette Jacobs (“Jeanette”), and his two nephews, Daniel Bahr (“Daniel”) and […]

Jan 12, 2018

ANN PEDERSON, et al. v. ERIC FLESHER

Estates and trusts — Real property deed — Interlocutory appeal This appeal concerns a Deed executed by Ann Pederson, who served as attorney-infact for her mother, Joyce Flesher. The Deed severed a joint tenancy in a residential property between Mrs. Flesher and her son, Eric Flesher, created a new tenancy in common, and removed Mr. […]

Jan 12, 2018

ESTATE OF JOHN MOORE THROUGH JEANNE ELLIS, PERSONAL REPRESENTATIVE v. SAMIRA JONES

Estates and trusts — Breach of confidential and fiduciary duties — Damages The underlying action that gives rise to this appeal is one of two ongoing lawsuits over the estate of Mr. John Moore (“the Estate” or “Appellant”). The main actors are Mr. Moore’s biological daughter, Ms. Jeanne Ellis, and his great-grandniece through marriage, Ms. […]

Dec 15, 2017

FREDERICK W. HEROLD, JR. v. KRISTINA C. HEROLD

Estates and trusts — Forged or fabricated documents — Personal knowledge of affiant This appeal arises from the Circuit Court for Talbot County, after three years of litigation between two beneficiaries of the Estate of Fredrick W. Herold, Sr. (the “Estate”), who died on January 11, 2014. The appellee, Kristina C. Herold (Mrs. Herold), is […]

Sep 28, 2017

ERIKA LYNNE LAWS v. STATE OF MARYLAND

Criminal law — Illegal sentence — Restitution In the Circuit Court for Prince George’s County, Erika Lynne Laws, the appellant, was charged with filing a false document, that is, the will of William Van Croft, III (“the Will”), and perjury by affidavit. The allegedly false statement that was the basis for the perjury charge was […]

Sep 28, 2017

ESTATE OF LEWIS HAMILTON TABLER, JR., ET AL. v. NATIONAL RIFLE ASSOCIATION OF AMERICA, ET AL.

Civil litigation — Collateral estoppel — Earlier settlement This appeal arises from the ruling of the Circuit Court for Frederick County relating to the Amended Complaint filed by the Estate of Lewis Hamilton Tabler, Jr. (the “Estate”) and Myles Morse (“Myles”), collectively, appellants. The court granted the Motion to Dismiss filed by the National Rifle […]

Aug 11, 2017

ROBERT L. BAKER v. JOSEPH M. BAKER

Estates and trusts — Motion to remove administrator — Conflict of interest Robert Baker (“Robert”) challenges a May 26, 2016 Order of the Orphan’s Court for St. Mary’s County denying his petition and motions to remove Samuel C. P. Baldwin as administrator of his mother Viola Baker’s (“Mother”) estate.1 He advances a broad array of […]

Jul 17, 2017

RONDA ROLAND v. OLUBUNMI DARAMAJA

Estates and trusts — Execution of will — Mental capacity Following a bench trial, the Circuit Court for Anne Arundel County granted appellee Olubunmi Daramaja’s petition to caveat the last will and testament of Gisela Ruark. In this appeal, appellant Ronda Roland presents three questions for our review: 1. Did the circuit court err as […]

Jul 17, 2017

ESTATE OF PETER A. CASTRUCCIO v. SADIE M. CASTRUCCIO, et al.

Estates and trusts — Post-judgment motion — Timeliness This marks the fourth in a series of appeals to this Court stemming from the administration of the estate of Dr. Peter Adalbert Castruccio following his death in 2013.1 In this case, Dr. Castruccio’s widow, Sadie Castruccio (also “Appellee”), sought the removal of John Greiber, Jr., (Dr. […]

Jul 17, 2017

LINDA ANN DOUGLAS v. CHARLENE JOHNSON

Estates and trusts — Removal of personal representative — Notice After the death of her mother, Linda Douglas, appellant, was appointed as the personal representative of her mother’s estate. Soon after, disagreements between appellant and her brother, Robert Douglas III, arose regarding the administration of the estate. In particular, Mr. Douglas took exception to the […]

Jun 8, 2017

IN THE MATTER OF THE ESTATE OF DIANE Z. KIRSCH

Estates and trusts — Personal representative — Standing Before her death, Diane Kirsch attempted to convey a partnership interest to a trust for the benefit of her companion, Wayne Cullen. A federal district court determined that the partnership agreement prohibited the transfer to Mr. Cullen and that the attempted transfer became void upon Ms. Kirsch’s […]

May 25, 2017

IN THE MATTER OF THE ESTATE OF WESLEY ALAN HILL, SR.

Estates and trusts — Residential property — Mootness This appeal concerns a claim made by Wanda Hill (“Wanda”), appellant, against the estate of her late father, Wesley Allen Hill, Sr. (“Wesley Allen”), for one-half the value of certain residential property Wesley Allen had owned with his wife, Marlene Hill (“Marlene”), as tenants by the entireties. […]

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