In the Matter of the Kay Pearson Trust: Shannon Eyford and Erin Johnson v. Jim Nord, in his capacity as Trustee of the Kay Pearson Trust, St. Jude Children's Research Hospital, and Joan Sturges
Published: Feb. 28, 2020 | Result Date: Jun. 7, 2019 |Case number: 17PR000071 Bench Decision – Defense
Judge
Court
Napa County Superior Court
Attorneys
Plaintiff
Stephen H. Fredkin
(Law Offices of Stephen H. Fredkin)
Defendant
Tom Prountzos
(Goodman, Neuman & Hamilton LLP)
for Joan Sturges
Tara L. Cooper
(Law Office of Tara L. Cooper)
for St. Jude Children's Research Hospital
Robyn B. Christo
(Epstein Holtzapple LLP)
for Jim Nord
Robert F. Epstein
(Epstein Holtzapple LLP)
for Jim Nord
Facts
Kay Pearson created a trust that named St. Jude Children's Research Hospital as the remainder beneficiary to the exclusion of her granddaughters. Following Pearson's death, her granddaughters, Shannon Eyford and Erin Johnson, filed a probate action to invalidate the trust and assert affirmative claims against Pearson's accountant, Joan Sturges, for elder abuse and undue influence. The claims against Pearson's accountant were settled prior to trial.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the trust was invalid because Pearson did not have legal mental
capacity to create a trust at the time the trust was created in that she suffered from a mental condition with symptoms of insane delusions. Plaintiffs further contended that Pearson's accountant unduly influenced her to create the trust.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions.
Result
The court entered judgment for Defendants on all counts.
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