Billewicz v. Ransmeier
13 A.3d 116
N.H.2010Background
- Warren J. Billewicz died in 1989, leaving five trusts with Lillian and her sons as beneficiaries.
- Attorney Robert W. Billewicz, Warren's son, was appointed Trustee over those trusts.
- In 1998 Lillian sought removal of her uncle as trustee; in 1999 John C. Ransmeier was appointed Interim Trustee.
- In 2005 the probate court found forged documents and imposed a constructive trust for the plaintiffs.
- From 2003–2004 plaintiffs filed complaints about Ransmeier's service as trustee.
- In February 2008 plaintiffs filed a petition alleging breaches; probate court dismissed in November 2008 for statute-of-limitations reasons; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which statute of limitations applies to plaintiffs’ claims against the trustee | 564-B:10-1005 governs trustee actions | 564-B:10-1005 applies; 508:4 is inapplicable | 564-B:10-1005 applies; 508:4 not governing |
| Whether plaintiffs had standing and a ripe controversy before August 11, 2005 | Beneficiaries had standing during Interim Trustee period | Standing depends on post-2005 constructive trust | Plaintiffs had standing prior to 2005; ripeness satisfied |
| Whether tolling or the 2005 constructive trust affected the timeliness | Tolling until 2005 should apply | No tolling; standing existed; constructive trust did not toll | No tolling applied; action timely under 564-B:10-1005 |
| Whether RSA 564-B:11-1104 affects which law applies | Exception to application of Uniform Trust Code should apply | Effective date and post-date proceedings control; UCcode applies | UC statute applies; 11-1104 does not toll or override |
| Whether application of RSA 564-B:10-1005 is prospective or retrospective | Remedial nature suggests prospective only | Statute applies based on its effective date | Statute applies prospectively to actions commenced after effective date |
Key Cases Cited
- Libertarian Party of N.H. v. Sec'y of State, 158 N.H. 194 (2008) (standing and ripeness principles; deference to trial court on standing)
- McNamara v. Hersh, 157 N.H. 72 (2008) (pleading dismissal standard; reasonable constructions allowed)
- Perez v. Pike Indus., 153 N.H. 158 (2005) (burdens on proving statute of limitations applies)
- Glines v. Bruk, 140 N.H. 180 (1995) (burden-shifting on statute of limitations defense)
- Dalton Hydro v. Town of Dalton, 153 N.H. 75 (2005) (statutory interpretation; plain meaning governs)
- State v. Lake Winnipesaukee Resort, 159 N.H. 42 (2009) (de novo review for statutory-interpretation issues)
- Johnson v. Town of Wolfeboro Planning Bd., 157 N.H. 94 (2008) (standing and ripeness considerations in planning context)
- Donovan & Donovan, 152 N.H. 55 (2005) (prospective versus retrospective effect of remedial statutes)
- Eldridge v. Eldridge, 136 N.H. 611 (1993) (principles for remedial versus substantive rights in statute interpretation)