Thursday, May 4, 2023

Article: 2021 Survey of Rhode Island Case Law, Kumble v. Voccola, 253 A.3d 1248 (R.I. 2021)

Aryamen Omshehe (Roger Williams University School of Law) recently published a paper, 2021 Survey of Rhode Island Case Law, Kumble v. Voccola, 253 A.3d 1248 (R.I. 2021), Roger Williams University Law Review, 2022. Provided below is an abstract to the paper:

This survey examines cases arising from a dispute between the beneficiaries and trustees of two testamentary trusts. In the Superior Court, the trustees sought attorneys’ fees and interest on those fees incurred during the administration of the trusts, which the trial justice awarded. On appeal, the beneficiaries contended that the award of attorneys’ fees and costs was unreasonable, disproportionate, and an abuse of discretion and that the award of interest was contrary to the law and the facts. The Supreme Court held that the trial justice correctly awarded attorneys’ fees pursuant to R.I.G.L. 1956 § 18-6-1 and had adequately weighed the factors for awarding those fees as outlined in Colonial Plumbing & Heating Supply Co. v. Contemporary Construction Co., 464 A.2d 741 (R.I. 1983). Additionally, the Court held that interest on those attorneys’ fees was a reasonable expense incurred by the trust. Therefore, the Court affirmed the judgment of the Superior Court.

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