Validating cleaning procedures protein
In this case, the brother is not a beneficiary under either the will or the trust, and neither his entitlement to compensation as executor and trustee, nor his power as trustee to choose beneficiaries of certain trust property make him a beneficiary.
In the context of testamentary documents, a presumption of undue influence arises upon proof that (1) the testator was enfeebled in mind when the testamentary document was executed; (2) the testator named a beneficiary who stood in a relationship of confidence or dependence; and (3) the testator previously had expressed an intention to make a contrary disposition of the testators property.
Thus, the circuit court did not err in dismissing, with prejudice, the widows claims of undue influence. General Land (Corrected) 11/30/2017 In an action brought by a real estate broker against a party that contracted to sell land but never closed on the million transaction, the circuit court erred as a matter of law in concluding that the seller improperly prevented the closing, setting up a third-party beneficiary claim for recovery of a brokerage commission on the uncompleted sale.
Under Code 55-22, if a third-party beneficiary is allowed to sue, the claim against the promisor or covenantor is subject to defenses arising from the agreement.
The circuit court abused its discretion by permitting the edited video deposition of plaintiffs expert played for the jury to include statements and opinions not adequately disclosed in plaintiffs response to interrogatories.
In addition, an adverse inference instruction for spoliation of evidence is proper only where the party has acted in bad faith or with intentional conduct calculated to suppress the truth, which was not shown in this case.