Quimbee logo
DMCA.com Protection Status

Grant v. Wells (In re Wells)

259 B.R. 776 (2001)

Case BriefRelatedOptions
From our private database of 32,100+ case briefs...

Grant v. Wells (In re Wells)

United States Bankruptcy Court for the Middle District of Florida

259 B.R. 776 (2001)

Facts

Ruth Clanton, decedent, and her daughter, Katherine Wells (defendant), entered into a trust agreement. Pursuant to the trust, Clanton was the settlor and held a lifetime interest, and Wells was the trustee. Upon Clanton’s death, Wells would also become the trust’s sole beneficiary. On the same day the trust was executed, Clanton executed a warranty deed transferring title to Five Points Shopping Center (Five Points) to Wells in her capacity as trustee. Approximately one year after Clanton’s death, Wells filed for Chapter 11 bankruptcy. The bankruptcy case was then converted to a Chapter 7 bankruptcy, and Charles Grant (plaintiff) was appointed as the bankruptcy trustee. Grant filed a petition arguing that Five Points was part of Wells’s bankruptcy estate because (1) the trust terminated upon Clanton’s death; and (2) the merger doctrine converted Wells’s legal title to Five Points into a fee simple upon Clanton’s death, rendering it eligible for inclusion in the bankruptcy estate. Wells challenged, arguing that Five Points did not belong to the bankruptcy estate because the trust provisions allowed her, as beneficiary upon Clanton’s death, to continue the trust if desired.

Rule of Law

Issue

Holding and Reasoning (Proctor, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 583,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 583,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 32,100 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 583,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 32,100 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership