IMO Trust of Wilbert W. Gore


01/10/11 – 01/12/11


In this trust litigation proceeding, plaintiff Susan Gore alleged Jan C. Otto, her ex-husband and adopted son of breach of duty and inequitable conduct. The plaintiff had adopted her ex-husband Jan C. Otto, to make him beneficiary of the trust set up by the plaintiff’s parents, Wilbert and Genevieve Gore. The Pokeberry Trust was established by plaintiff’s parent for the benefit of their grandchildren. According to the terms of the trust, each of Mr. and Mrs. Gore’s grandchildren would receive shares of the trust after their death. The size of the share that each grandchild would receive was determined by the number of siblings the grandchild had. The plaintiff had three children while her other siblings had four children each. The plaintiff claimed that she adopted her ex-husband, in order to increase the size of the share, that her children would receive and before being adopted, the defendant had agreed, not to take any personal economic benefit from the trust.

The plaintiff was represented by attorneys A. Gilchrist Sparks and Allen Terrel. The defendant was represented by attorneys Peter Gordon and William Kelleher.


For the Pokeberry trust the court ruled that the Pokeberry Formula would be applied to determine how the trust would be distributed amongst the 19 natural-born grandchildren. Jan C. was neither a grandchild of the Gores for the purposes of the trust nor entitled to any relief other than what had been granted by the September opinion.



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