Grantee Can’t Force Grantor To Increase Endowment Distribution

Court says commitment is governed by contract and not under Uniform Trust Code

A nonprofit corporation that manages historical property for the National Trust for Historic Preservation in the United States cannot force the National Trust to increase the distribution from its endowment to cover costs of the work, a federal District Court in Virginia has held.  The Court has said that the relationship is governed by the management contract and is not covered by the state’s Uniform Trust Code.

How does court measure testamentary capacity?

In 2019, at the age of 96, Irlene Johnson executed a new will, leaving the residue of her estate, including title to two farms that she owned, to St. Jude Children’s Hospital, and leaving nothing to her family.  The will revoked a 2010 will that had given a life estate in a 400-acre farm to her son, with a one-half remainder interest to her grandson and one-half to a trust for the benefit of her great-grandchildren.  It had given a half interest in her other farm to her grandson, with the other half to the trust for the great-grandchildren.

Is Quorum Required for Election Of Directors by Written Ballot?

May non-member of homeowners’ association serve as director of association?

An appellate court in Georgia has held that a quorum is not required for election of the directors of a homeowners’ association when the election is conducted by written ballot as permitted by the association’s bylaws and not at a meeting of the members.  It has also held, pursuant to a quirk in homeowners’ association law, that a non-member of the association may not serve as a director, even though the articles of incorporation of the association provide that directors need not be members of the association.