Latest Case: In re Estate of Lentz (Trusts & Estates)

Pardonne-Moi

SHERRY F. COLB

Cornell Law professor Sherry F. Colb describes the assumptions inherent in the executive pardon power and explains why the purpose of the presidential pardon forecloses the possibility of a self-pardon. Colb argues that the only person who would dare to try to grant a self-pardon—one who lacks empathy—is the very one who should not be exercising the pardon power at all.

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In re Estate of Lentz

Docket: 118307

Opinion Date: December 11, 2020

Judge: Wall

Areas of Law: Trusts & Estates

In this matter arising from the district court's distribution of Lanny Lentz's estate among his three daughters the Supreme Court remanded the judgment of the court of appeals holding that it lacked jurisdiction over this appeal because Appellant's posttrial motions did not toll the time for her to appeal, holding that the court of appeals did in fact have jurisdiction over the appeal. Appellant, one of Lentz's daughters, filed a petition to set aside and/or reconsider the final settlement and, simultaneously, an objection to discharge of executrix and petition to disgorge fees for administration paid to the fiduciary. The district court denied the motions. Appellant appealed, claiming that the property values for properties in the final settlement were not supported by substantial competent evidence. The court of appeals dismissed the appeal for lack of jurisdiction. The Supreme Court remanded the case for consideration of the appeal on the merits, holding that Appellant's notice of appeal was timely and that the court of appeals had jurisdiction over the appeal.