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No. 125948
| Barbara Sue Traxler and Norma |
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Ray M. Toma |
| Jean Castle, Successor Co-Trustees of the |
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| Norman John Sinclair Trust, |
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Plaintiffs/Counter-Defendants/Appellees,
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vs (Appeal from Ct of Appeals) |
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(Oakland - W. Potts) |
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| Shire Rothbart, |
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Christopher S. Olson |
Defendant/Counter-Plaintiff/Appellant.
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Click to view briefs in Adobe format:
Plaintiffs/Counter-Defendants/Appellees' Brief on Appeal>>
Defendant/Counter-Plaintiff/Appellant's Brief on Appeal>>
Council of the State Bar of Michigan's Probate and Estate Planning
Section's Amicus Curiae Brief>>
Background
The plaintiffs are sisters and co-trustees of their father's trust. The trust document provides that the consent of both co-trustees is necessary to effectuate a transfer of trust property, unless one of the trustees is unwilling or unable to act. The main item of trust property was the father's home. One of the plaintiffs, Barbara Sue Traxler, acted as her father's sole guardian during his final illness. Traxler accepted Shire Rothbart's offer on the home, and she and Rothbart signed a land sale contract. When Traxler told her sister, Norma Jean Castle, about the offer and acceptance, Castle stated that she did not want to sell. After Traxler and Castle received a better offer on the property, they sought a release from Rothbart, who refused. Traxler and Castle then sued Rothbart. Both the trial court and the Court of Appeals held that Rothbart did not have a right to enforce the purchase agreement. Both courts concluded that MCL 700.7404, which protects third parties dealing with trustees, did not apply to this situation. Rothbart appeals.
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