Common Fund Doctrine and Funds Not Increased Nor in Jeopardy

After adopted daughter of beneficiary of a trust petitioned court to determine whether she qualified as a beneficiary, and other beneficiaries opposed petition, the court denied the petition of the adopted daughter, because daughter was adopted at 23 and no parent-child relationship existed; opposing beneficiaries petitioned court for attorney fees incurred under the common fund doctrine, and the court denied the petition, because the opposing beneficiaries did not increase the trust nor was the fund in jeopardy.  Pepper Trust, 4 Fid. Rep. 3d 49 (O.C. Del. 2013) (Opinion by Kenney, J.)

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