Oral arg. – COA – Nov. 29, 2017

At 1:30 the COA will hear the case of Sarah Hodnett Individually and as Trustee of the Hodnett Land Trust and Bank of Anguilla v. Tim Hodnett

In 2013, after both her parents had died,  Sarah Hodnett became the sole beneficiary under the family land trust. Her brother was essentially disinherited.  Sarah was an attorney and she acted pursuant to a power of attorney to deed her father’s land to  her mother and after the father died, to deed the land from the mother to a family trust benefiting only herself.  After their mother died, Sarah used the land to secure tow loans from the Bank of Anguilla.  Tim had to hire an attorney to file a bill of discovery to obtain the documents by which the land was conveyed.  He then filed to set aside the two deeds and the Family Trust.  He also sued the Bank of Anguilla. The chancellor set aside the deeds and the Trust and found that Tim’s claims against the Bank were not barred by the three year statute of limitation because of the fraudulent conduct of Sarah.  Sarah and the Bank appeal.

Sarah Hodnett’s brief

Tim Hodnett’s brief

Bank of Anguilla’s brief

Sarah Hodnett’s reply brief

Watch the argument here

 

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