Court Affirms Dismissal of NRA Claims Of Retaliation, Selective Enforcement
An appellate court in New York has affirmed the dismissal of counterclaims by the National Rifle Association seeking to throw out a suit by the state Attorney General for widespread and longstanding executive malfeasance. It has affirmed the traditional standard of needing only to show “probable cause” to overcome a defendant’s claim of retaliatory litigation.
Grantee Can’t Force Grantor To Increase Endowment Distribution
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.
Political party is not ‘unincorporated nonprofit association’
A political party is not an “unincorporated nonprofit association” under the law of Ohio, an appellate court has affirmed.
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.