Legal Opinion
Butt v. Bank of America, N.A.
Court of Appeals for the Tenth Circuit
Decided February 22, 2007No. 05-2175PublishedCited by 46 opinions
1Opinion of the Court
McCONNELL, Circuit Judge.
Plaintiff Paul Butt, Jr., contends that Defendant Bank of America, N.A., has breached its fiduciary duty to him as trustee of a trust created in 1948 to administer a New Mexico oil and gas lease. The district court dismissed Mr. Butt’s complaint, finding that the Bank never assumed trusteeship and therefore had no fiduciary duty. We find that the trust did not survive the death of its original trustee, and thus agree with the district court’s conclusion that the Bank does not serve, and never has served, as trustee on Mr. Butt’s behalf. We reverse, however, the…
2Cases cited21 opinions
- Randy Abercrombie v. City of Catoosa, Oklahoma Mayor Curtis Conley and Police Chief Benny DirckCourt of Appeals for the Tenth Circuit · 1990
- Gregory T. Ambus v. Granite Board of EducationCourt of Appeals for the Tenth Circuit · 1992
- Aragon v. Rio Costilla Cooperative Livestock Ass'nNew Mexico Supreme Court · 1991
- French v. Northern Trust Co.Illinois Supreme Court · 1902
- Yates v. YatesIllinois Supreme Court · 1912
16 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Commonwealth Property Advocates, LLC v. Mortgage Electronic Registration Systems, Inc.Court of Appeals for the Tenth Circuit · 2011
- TMJ Implants, Inc. v. Aetna, Inc.Court of Appeals for the Tenth Circuit · 2007
- Memorial Hospital of Laramie County v. Healthcare Realty Trust Inc.Court of Appeals for the Tenth Circuit · 2007
- Bhasker v. Kemper Cas. Ins. Co.District Court, D. New Mexico · 2019
- Bellman v. NXP Semiconductors USA, Inc.District Court, D. New Mexico · 2017
41 more not listed; retrieve them via the Exa API.