JOHNNY WOOD v. RUSSCELL PAVLIN, as Trustee of The Charles Russell Wood R/L/T/A, dated 01/30/06

In 1991, Mr. and Mrs. Wood effectively gift-deeded a 266-acre farm to their sons, Johnny and Russell, as joint tenants with right of survivorship. Five months before Russell died in 2011, he transferred his interest into his revocable trust without notice to Johnny.

Johnny sought judicial relief in 2013, alleging Russell’s transfer was ineffective and that Johnny owned the whole farm as surviving joint tenant. Alternatively, if the transfer was effective, Johnny sought half the farm’s value from Russell’s successor trustee on an unjust enrichment theory. 1

The trial.court dismissed for failure…