Sentences with phrase «as against the trustee»

The right of a beneficiary of a trust to enforce his or her title as against the trustee is governed by the Real Property Limitations Act, which has a ten - year limitations period, but is subject to the principle of discoverability;

Not exact matches

Such indemnity shall include payment from the Trust of the costs and expenses incurred by such Trustee Indemnified Party in defending itself against any claim or liability in its capacity as Trustee.

The full exercise of this right requires that trustees and administrators protect teachers and students against pressures from outside in favor of certain methods and conclusions of inquiry, and that support for teaching and research be kept as free as possible from exerting a controlling influence on academic pursuits.

According to Gribetz, Fonvil will remain as a trustee and continue to serve the village while he defends himself against these charges.

Consequently the Supreme Court ordered a cost of Ghc500, 000 against Dominion Trustees which was represented by Mr Pianim, as its investment consultant.

During a drunken driving trial against a former Bronx prosecutor, the Bronx trustee for the Patrolmen's Benevolent Association, Joe Anthony, was heard on wiretaps talking about fixing tickets, or as officers are now calling it, «professional courtesy.»

Calverton resident Greg Fischer and two other men, Bill Jurow, a Mastic Beach attorney, and Roger Scott Lewis, who is a Democratic committee member in Southampton Town, brought the suit against the Board of Elections in Suffolk County, Nassau County and New York State on the grounds that LIPA trustees should be elected, not appointed, as they are currently.

As they did at a special board meeting last week, trustees Prado, Longoria and Guerra voted against the proposal Wednesday night.

Trustee John Lee Evans, who has defended the district's graduation numbers, characterized scrutiny of the graduation rate as prejudice against students of color.

Levitin asked the court in December to remove Silberkleit as a trustee of the company, and she responded in April with the allegation of sexual harassment against both Levitin and Archie Comics.

Exemption laws have been enacted by every state as well as the federal government to protect the property of debtors against the claims of judgment creditors and, once a bankruptcy case is filed, the trustee.

(1) Before executing a contract or agreement with or receiving money or other valuable consideration from a buyer, a credit services organization shall provide the buyer with a written statement containing: (a) A complete and detailed description of the services to be performed by the credit services organization for the buyer and the total cost of the services; (b) A statement explaining the buyer's right to proceed against the surety bond or surety account required by section 45 - 805; (c) The name and address of the surety company that issued the bond or the name and address of the depository and the trustee and the account number of the surety account; (d) A complete and accurate statement of the buyer's right to review any file on the buyer maintained by a consumer reporting agency as provided by the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.; (e) A statement that the buyer's file is available for review at no charge on request made to the consumer reporting agency within thirty days after the date of receipt of notice that credit has been denied and that the buyer's file is available for a minimal charge at any other time; (f) A complete and accurate statement of the buyer's right to dispute directly with the consumer reporting agency the completeness or accuracy of any item contained in a file on the buyer maintained by the consumer reporting agency; (g) A statement that accurate information can not be permanently removed from the files of a consumer reporting agency; (h) A complete and accurate statement of when consumer information becomes obsolete and of when consumer reporting agencies are prevented from issuing reports containing obsolete information; and (i) A complete and accurate statement of the availability of nonprofit credit counseling services.

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If a policy of insurance has been or shall be effected by any person on his own life or upon the life of another person, the policyowner shall be entitled to any accelerated payments of the death benefit or accelerated payment of a special surrender value permitted under such policy as against the creditors, personal representatives, trustees in bankruptcy and receivers in state and federal courts of the policyowner.

In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a trustee, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issue.

In addition to Claims brought by either you or the Bank, Claims made by or against the Bank or by or against anyone connected with you or the Bank or claiming through you or the Bank (including a second cardholder, employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) shall be subject to arbitration as described herein.

Article VIII of Registrant's Amended and Restated Agreement and Declaration of Trust (Exhibit (a) hereto, which is incorporated by reference) provides in effect that Registrant will indemnify its officers and trustees against all liabilities and expenses, including but not limited to amounts paid in satisfaction of judgments, in compromise, or as fines and penalties, and counsel fees reasonably incurred by any such officer or trustee in connection with the defense or disposition of any action, suit, or other proceeding.

In the event that a claim for indemnification against such liabilities (other than the payment by Registrant of expenses incurred or paid by a trustee, officer or controlling person of Registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issue.

Second, the issuer might want to protect against a bankruptcy trustee treating rewards as an asset.

Trustee Jeff Gural — who was against the tuition decision and recently gave a million dollar donation to support Cooper Union's free art program for high school students — said as much when he came to visit the student occupiers at Bharucha's office.

[3] The Evening Standard said some people would see the display of the painting as revenge against Serota, after he had rejected the Stuckists» offer to donate work to the Tate; it also mentioned that the Stuckists had first drawn attention to the Tate's purchase of The Upper Room by Chris Ofili, a Tate trustee, which had led to the Tate being censured by the Charity Commission in 2006.

A segment of the Board of Trustees, many of whom resigned going back to 2008, the last bunch of which has resigned in June 2015, had an ideological bias against giving merit scholarships to children of the middle class, a bias that conveniently covered up their own failures of duties as tTrustees, many of whom resigned going back to 2008, the last bunch of which has resigned in June 2015, had an ideological bias against giving merit scholarships to children of the middle class, a bias that conveniently covered up their own failures of duties as trusteestrustees.

Compare that to the recent example from Ohio State, where a doctoral degree was revoked by the Board of Trustees for plagiarism of the same magnitude as that alleged against Wegman, including removal of the dissertation from libraries and return of the diploma.

Anna I know limitation rules apply to claims by trustees against third party providers, but surely they do not apply as between trustees and members?

But issues you might describe as «fault» can be relevant to things like when the limitation period starts to run for trustees» claims against members, such as in the Webber case, where it was important to establish when the scheme could, with reasonable diligence, have discovered the mistake.

His work involved considering policy response and coverage issues as well as managing claims against (amongst others) architects, engineers, design and build contractors, surveyors, valuers, charity trustees and directors and officers of both private and public limited companies.

When a loved one passes away and their estate is distributed through the probate process, a beneficiary or trustee who feels as though they are being improperly treated or discriminated against may opt to dispute the execution.

The guidance also indicates when trustees need to protect themselves against the adverse risk of costs and outlines alternative ways to resolve the issue in dispute that trustees should explore before legal action such as mediation and negotiation.

The majority of the Court of Appeal therefore confirmed that such obligations of the AER are unenforceable as against the Receiver and Trustee.

(3) A beneficiary may enforce for the beneficiary's own benefit, and a trustee appointed under section 315 may enforce as trustee, the payment of insurance money payable to him, her or it, but the insurer may set up any defence that it could have set up against the insured or the insured's personal representative.

The trustee was largely spared the arduous task of determining the royalties and share of profits due to each author, as the publications in question were largely provided by the authors gratuitously or against one - time payments that had previously been paid by the bankrupt in consideration of the right to publish the author's work.

On 13 April 2006, the trustees in bankruptcy (the trustees) applied to the court for a declaration that the transfer of Mr H's interest in the former matrimonial home was a transaction at an undervalue under the Insolvency Act 1986 (IA 1986), s 339 and as such was void against the trustees.

The trustee brought an adversary proceeding against Ihejirika and his companies, alleging that the Web - based program had acted as a «bankruptcy petition preparer» in violation of the law and had engaged in the unauthorized practice of law.

Serving as primary counsel and obtaining a dismissal of claims in a breach of fiduciary duty matter against ERISA fiduciaries and trustees.

As co-counsel tried federal court antitrust case against Exxon in 1992 on behalf of the City of Long Beach as trustee for the State of CaliforniAs co-counsel tried federal court antitrust case against Exxon in 1992 on behalf of the City of Long Beach as trustee for the State of Californias trustee for the State of California.

As a resullt of this public scrutiny, the Regulator is now much more prepared to use its powers at an early stage against sponsors and trustees.

Mr. Dewji died in May 2013 and the plaintiffs each obtained an order to continue their actions against his wife, as trustee of his estate.

Although there may be little point in obtaining lump sum or property adjustment orders against a bankrupt: as his capital assets vest automatically in the trustee in bankruptcy, the family court can make maintenance orders against a bankrupt and those orders, and any maintenance arrears which have accrued, survive the bankruptcy.

Since joining JAMS, Judge Roberts has been appointed as a discovery master by federal and state courts to supervise discovery and review privileged documents in complex commercial, patent, and product liability cases, as an election monitor for unions under court supervision, as a consultant to monitor a four - year consent decree in an EEOC pattern and practice case against a major restaurant chain, and as a trustee for a 36 - story commercial retail and office building on Fifth Avenue

Breach of fiduciary duty claims against executors and trustees — acting for beneficiaries or co - executors / co-trustees who have concerns regarding the administration of an estate or trust, as well as defending executors and trustees;

Where land or rent is vested in a trustee upon an express trust, the right of the beneficiary of the trust or a person claiming through the beneficiary to bring an action against the trustee or a person claiming through the trustee to recover the land or rent, shall be deemed to have first accrued, according to the meaning of this Act, at and not before the time at which the land or rent has been conveyed to a purchaser for a valuable consideration, and shall then be deemed to have accrued only as against such purchaser and any person claiming through the purchaser.

British Airways has lost a legal battle against the Airways Pension Scheme involving the trustees» decision to introduce a 0.2 per cent discretionary increase, as experts have stressed the importance of carefully documenting all decision - making processes...

Deloitte & Touche Inc. («Deloitte»), the long - acting trustee for the Estate of Bre - X Minerals Ltd., has brought motions in the Alberta and Ontario courts seeking leave to discontinue the class action litigation that it has been prosecuting against, amongst others, former Bre - X principal John Felderhof and his ex-wife Ingrid Felderhof, as well as the Estate of founder and CEO David Walsh.

Obtained dismissal on summary judgment of suit by beneficiary against bank trustee for breach of fiduciary duty and conflict of interest arising from bank's loan of $ 75 million to the corporation it controlled, as trustee, for transactions the beneficiary claimed were imprudent

As part of the bankruptcy process, the Chapter 7 trustee filed an action against the investors and sought to void their purchase.

As part of the court's decision, it considered whether the federal Volunteer Protection Act would absolutely prohibit the parents from bringing a lawsuit against the School's Board of Trustees, based on the allegations made in the complaint.