FACTS Charles Smith executed a Last Will and Testament on January 01, 2000. The last Will and Testament was filed with the local probate court. Smith died on June 20, 2015. His Last Will and Testament appointed Ralph Jones as Personal Representative and appointed Henry Robinson as Successor Personal Representative. Robinson would like to have Jones removed from Personal Representative for the Estate of Charles Smith due to the lack of fulfilling his Personal Representative duties. Jones has failed to publish notice in the local newspaper that Smith died on June 20, 2015 and he is now the Personal Representative. Since Jones did not publish notice, creditors or possible creditors are unaware and were unable to make a claim against the Estate. Jones failed to post bond which is required by the court to serve as a Personal Representative of the Estate. In addition, Jones has not taken the necessary …show more content…
A person interested in the Estate may petition for removal of a Personal Representative at any time for cause. In, Julian I. Richards V. Elizabeth Ann Richards, 27 Md. App. 1; 338 A.2d 377; 1975 Md. App., the Personal Representative was removed from representing the Estate. The Personal Representative, Julian I. Richards failed to file Inventories, reports and accountings which caused many issues in the Estate. The Personal Representative was to file inventories within three months after his appointment. The court stated that Richards demonstrated a lack of concern for the interest of the Estate. The Court also stated that Richards mismanaged the property of the Estate by failing to take action to raise the cash to pay the federal Estate taxes. Since Richards failed to do his duties as Personal Representative, the court ruled to remove the Personal Representative and will appoint the Successor Personal Representative to fulfil the finishing duties of this
* This is a will contest case involving a codicil to the Last Will and Testament of Wheelock A. Bisson, M.D., deceased.
The Jamestown landing in 1607 was the first English settlement to be established in North America. In the movie “The New World” Hollywood attempted to tell the story of the Jamestown settlement and the relationship between John Smith and Pocahontas. The movie’s portrayal of their relationship was one of two people falling in love. The historical facts of their relationship, however, paint a completely different picture. Hollywood failed to represent the truth and romanticized their relationship which was not one of love, but one of an acquaintance or friendship.
The leadership strengths and weaknesses of John Smith evoked a profound effect on the Jamestown colony. The fact that Smith actually arrived in the colony as a common prisoner and was able to achieve the leadership role that he gained is amazing. His creativity and knowledge in certain areas actually saved the colonists from attack and starvation in the early days. Some of the rules he enforced as a leader were actually instrumental in saving the colony. His skill in dealing with the natives allowed him to gain their support and continue trade that resulted in the survival of the colony.
The different lives and experiences of William Bradford, John Smith, and Olaudah Equiano show how there are many ways to be adapted to a new world. There were many struggles that each of them faced, and each had different motives when writing their experiences. In some way, there are all connected to one another, with some similarities, but there are differences also.
While it is impossible to truly elaborate or even go into much detail on the exploits of Captain John Smith’s life, in this paper I will be covering several of his many achievements. In addition, I will be dispelling several of the popular myths in regards to his life that many modern day Americans believe in. Some of these more modern day myths or false narratives are due to his story being adapted and changed in order to make a children’s video by Disney, while others have been debated by historians ever since they were penned by Smith in one of his most famous works consisting of six volumes: The Generall Historie of Virginia, New-England, and the Summer Isles.
Pursuant to Louisiana Code of Civil Procedure Article 927, Defendant, Lauris Hollis (“Defendant”), through undersigned counsel, moves this Court to dismiss the Plaintiff’s action. Article 927 provides that the Peremptory exception of no cause of action and no right of action or no interest in the plaintiff to institute suit. Louisiana Code of Civil Procedure Article 923 provides that the function of the peremptory exception is to have the plaintiff’s action declared legally nonexistent, or barred by effect of law, and hence the exception tends to dismiss or defeat the action.
Lidia Quintero submitted an affidavit to affirm the power of attorney on 03-10-2017 for both clients’ George Y. Kosaka policies, VV270346 and NN020405. That was one day before Mr. Kosaka’s death. Included was a Uniform Statutory Form Power of Attorney dated 02/08/2017 appointing Ms. Quintero as the POA, which was notarized and stating that Mr. Kosaka personally appeared before Notary Public Corrie Wisner.
No funeral arrangements have been announced yet for Smith, who was still a practicing attorney with a Marietta law firm at the time of his death.
In a excerpt from the “Second Letter to Charles V” (1520), the author Hernan Cortés describes to King Charles V the wonders and happenings that occur in the city of Temixtitlan. Cortés’s purpose is to inform the the King that even through the city is inferior to Spanish culture, Temixtitlan is very advanced and is worthy of being conquered. His use of diction, imagery, parallelism, and coordinating conjunctions convey not only a admirative tone, but also an authoritative one in order to persuade the reader to commend the Aztecs, but disapprove their way of life.
2. By law, Marbury must receive a remedy. Writ of Mandamus is the proper remedy
In Perry v. Central Bank & Trust, 812 S.W.2d 166 (Ky. Ct. App. 1991) it was reasoned as to whether the parties exercised due diligence concerning the suit and answering the summons. Dr. Furlow did contact our office within a reasonable time to answer the summons; he was in no way careless. We need to know why our office did not give Dr. Furlow an earlier appointment than March 19; as the court will question this. Carelessness by a party or his attorney is not reason enough to set an entry aside. Ky. Civ. R. 55.02. In relation to answering the summons, we can argued, that Dr. Furlow fully intended to answer the complaint within the twenty 20 days; but was prevented from doing so, because of the trauma his family suffered at the hand of robbers the day before
I can only imagine his roller coaster of emotions discovering he was left out of the Will and then his mom had a change of heart and tried to include him in the final hours. I’d assume Richard would go to the lawyer to inquire about the Will. The lawyer was not allowed to destroy the Will, and set himself up for malpractice. However, if Richard seeks to submit the Will to probate, Richard is left out of the Will. Furthermore, there is no gain for Richard to sue the lawyer for malpractice because he wasn’t going to gain anything from the Will in the first place. If a Will is not submitted to probate, then Nadine’s estate becomes intestate, as if she never had a Will and follows the terms of intestate succession where Richard is Nadine’s only heir at law. This would not be the ethical option but certainly would be the lawyer’s preference so he can avoid consequences and Richard’s preference, as he would now stand to benefit from his mother’s
Rule: 11 U.S.C. §327(a) states that “trustees may employ the services of an attorney so long as the chosen attorney (1) neither holds nor represents an interest adverse to the bankruptcy estate, and (2) qualifies as a disinterested person” (In re Howell,
This is not a surviving heir issue, but we use the form to get the information needed. On the remarks screen stating this not a surviving heir issue.
In Milroy, the deceased executed a deed, which used wrong formality, to set up a trust of shares in favour of his niece. The niece argued that