Manon v. Orr

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At issue in this appeal were certain parcels of land included in the corpus of a trust established by Virginia Waechter. In 2010, Virginia sold the parcels as trustee of the trust to her daughter Peggy Orr and her daughter’s husband, Jeff Orr. Plaintiffs, Virginia’s son and other contingent beneficiaries of the trust filed a complaint asking that a constructive trust be placed on the real estate and alleging that Virginia was not competent to sell the land to Peggy and Jeff and that the sale showed indications of fraud. The district court dismissed the complaint, concluding that Plaintiffs lacked standing to seek a constructive trust and that Neb. Rev. Stat. 30-3855(a) bars a cause of action for intentional interference with an inheritance or gift. The Supreme Court affirmed, holding (1) Plaintiffs lacked standing to impose a constructive trust because, under case law and section 30-3855(a), they had only a mere expectancy; and (2) state law does not recognize a tort for intentional interference with an inheritance or gift. View "Manon v. Orr" on Justia Law