Legal Opinion

Bank of the Ozarks v. Cossey

Supreme Court of Arkansas

Decided October 8, 2015No. CV-14-986PublishedCited by 10 opinions

1Opinion of the CourtRhonda K. Wood, Associate Justice

hThe question in this case is whether a designated trustee properly declined the trusteeship or accepted by exercising powers of the trustee. Bank of the' Ozarks was designated as the successor trustee of the Hamilton Family Living Trust. The Bank sent correspondence to a trust beneficiary rejecting the trusteeship, but the Bank still reimbursed the beneficiary for certain expenses. Another trust beneficiary brought a petition for an accounting against the Bank. The circuit court granted the petition, and the Bank appealed, arguing that it had rejected the trusteeship and was not required to…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Bailey v. Delta Trust & BankSupreme Court of Arkansas · 2004
  2. Hanners v. Giant Oil Co. of Arkansas, Inc.Supreme Court of Arkansas · 2008
  3. Bakalekos v. FurlowSupreme Court of Arkansas · 2011
  4. Lineham v. HydeSupreme Court of Arkansas · 2015
  5. Smith v. SmithSupreme Court of Arkansas · 1999

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3Cited by10 opinions

  1. Covenant Presbytery v. First Baptist ChurchSupreme Court of Arkansas · 2016
  2. City of Conway v. ShumateSupreme Court of Arkansas · 2017
  3. Clark v. SummersCourt of Appeals of Arkansas · 2018
  4. Holly Wood, John Wood, and Tara Capital, LLC v. Ladimer Alkhaseh Gloria Peterson, Benton County Collector Tommy Land, Commissioner of State Lands And Dawn Hill Townhouse and Condominium Property Owners Association, Inc.Court of Appeals of Arkansas · 2023
  5. Kenneth J. Clark, as Trustee of the Clark Revocable Trust U/D/T July 23, 1997 v. Melva Jean SummersCourt of Appeals of Arkansas · 2021

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