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Justia Daily Opinion Summaries

New Hampshire Supreme Court
September 24, 2020

Table of Contents

Hodges v. Johnson

Trusts & Estates

Associate Justice
Ruth Bader Ginsburg

Mar. 15, 1933 - Sep. 18, 2020

In honor of the late Justice Ruth Bader Ginsburg, Justia has compiled a list of the opinions she authored.

For a list of cases argued before the Court as an advocate, see her page on Oyez.

Ruth Bader Ginsburg

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New Hampshire Supreme Court Opinions

Hodges v. Johnson

Docket: 2019-0319

Opinion Date: September 23, 2020

Judge: Gary E. Hicks

Areas of Law: Trusts & Estates

Defendants Alan Johnson and William Saturley were the former co-trustees of the 2004 David A. Hodges, Sr. Irrevocable GST Exempt Trust and the 2004 David A. Hodges, Sr. Irrevocable GST Non-Exempt Trust (collectively, the 2004 Trusts). In 2017, the New Hampshire Supreme Court upheld a circuit court decision that set aside “decantings” from the 2004 Trusts and removed the Former Co-Trustees. The Court specifically left “for another day the issue of whether [the Former Co- Trustees] are entitled to indemnification for the fees and expenses incurred in this proceeding” because, at that time, the trial court had not ruled upon the issue. In this appeal, the Former Co-Trustees challenged the determination, recommended by a Judicial Referee and approved by the Circuit Court, that, except for attorney’s fees and costs incurred for certain administrative tasks: (1) they were not entitled to be reimbursed from the 2004 Trusts for the post-trial fees and costs they personally incurred to defend the decantings; and (2) they had to reimburse the 2004 Trusts for the fees and costs the trusts incurred to defend the decantings at trial. Finding no reversible error, the Supreme Court affirmed.

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