Legal Opinion

Probate Court Ex Rel. Lawton v. Bank of America, N.A.

District Court, D. Rhode Island

Decided August 24, 2011No. CA. 07-239 SPublished

1Opinion of the Court

OPINION AND ORDER

WILLIAM E. SMITH, District Judge.

Nine of the ten residuary beneficiaries (“Plaintiffs” or “Beneficiaries”) 1 named in the will (the “Will”) of Magda L. Burt (“Decedent”) have brought suit claiming that Bank of America Corp. (the “Bank”), a co-executor of Decedent’s estate (the “Estate”), has breached the fiduciary-duties it owed to them. For the reasons that follow, the Court finds that the Bank breached its fiduciary duties to Plaintiffs and is liable to some of them in the amounts provided below.

The case was tried before this Court without a jury on October 25-29, 2010;…

2Cases cited35 opinions

  1. Salve Regina College v. RussellSupreme Court of the United States · 1991
  2. Randall v. LoftsgaardenSupreme Court of the United States · 1986
  3. Scott Peckham v. Continental Casualty Insurance Co., Scott Peckham v. Continental Casualty Insurance Co.Court of Appeals for the First Circuit · 1990
  4. Galigher v. JonesSupreme Court of the United States · 1889
  5. Robert B. Dennis, Etc. v. Rhode Island Hospital Trust National Bank, Robert B. Dennis, Etc. v. Rhode Island Hospital Trust National BankCourt of Appeals for the First Circuit · 1984

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