lashkejari brief

IN RE: LASHKEJARIV LASHKEJARI

ISSUE:

Is the award of attorneys’ fees a valid contract in terms a prenuptial agreement?

RULE:

The Florida Supreme Court, in the matter of Casto V Casto determined that while the state has an interest in promoting marriage, and thus cannot support any agreement that contravenes this position, the portion of a prenuptial agreement dealing with attorneys’ fees does not in and of itself promote the dissolution of marriage.

ANALYSIS

In the Florida Supreme Court’s ruling in this matter, the justices made a point of distinguishing between a prenuptial agreement and other kinds of contracts. Twice in its written opinion it noted that most contracts originate at “arm’s length<” namely that there is no, or at least little, emotion in drawing up an agreement, this is not the case with a prenuptial agreement. The court might not step in when it comes to division of assets, disclosure of incomes, unless certain proofs are met. It is believed that, unless shown to be otherwise, that the parties acted in good faith, made full disclosure, entered willingly into the agreement.

The closeness of the parties does not come into play when it comes to agreeing to terms about awards of attorneys’ fees, as the court has held that parties aren’t laying the groundwork for intentionally ending the relationship, but setting up ground rules “just in case.” Therefore the attorneys’ fees provision assumes that the parties are acting rationally, having both consulting with counsel, and voluntarily consenting to terms.

While Mrs. Lashkejari contested the terms of the prenuptial agreement when she sought to end the marriage, and was successful in proving the unfairness of the terms, she, according to the fees provision, being the prevailing party, was awarded fees, but so was her husband. Her protestation that Mr. Laskejari was better situated financially to handle the fees was disregarded as the court held that the contract fulfilled all the necessary obligations of a valid contract.

CONCLUSIO

The prevailing party, Mrs. Lashkejari, was ordered to pay the fees.

THE HARRY POTTER REVOCABLE TRUST

THIS TRUST AGREEMENT is made on November 19, 2010 between Harry Potter, of London Connecticut, as settler, and Ron Weasley, of Devon, Delaware, as trustee.

SECTION I

The Trust Estate

Settler assigns, transfers, and conveys to trustee the following property:

The Potter account at Gringott’s Bank, bearing the account number, 1601585.

Any items of personal property owned by Harry Potter bearing magical qualities, including, but not limited to, a unicorn-hair wand, a disappearing cloak, and a Nimbus 300 quidditch broom, and the Potter Book of Spells, receipt of which property is acknowledged by trustee. The property shall be held by trustee in trust on the terms and conditions that follow below.

Section II

Revocation and Amendment

Settlor reserves at any time, by an instrument in writing delivered to the trustee, to revoke or amend this trust in whole or in part. The duties and liabilities of trustee shall under no circumstances be substantially modified by any amendment of this agreement except with his written consent, or as dictated by law.

Section III

Additions to Trust of State

Settlor reserves the right for himself or any other person to increase this trust by delivering property to trustee, by having the proceeds of insurance policies made payable to trustee, or by bequest or devise by will. Suttlor will notify trustee in writing of any policies made payable to him, or will deliver the policies to trustee as custodian. Trustee’s duties and liabilities under this agreement shall under no circumstances be substantially increased by such additions, except with his written consent.

SECTION IV

Disposition of income

After paying the necessary expenses incurred in the management and investment of the estate, including reasonable compensation of trustee for his own services, trustee shall pay the net income of the trust in the following manner:

To Hogwart’s Academy, fifty percent of the trust income will be paid to establish and endow the Harry Potter Chair in the Department of Wizardry, and the remaining fifty percent shall go to the establishment and maintenance of a foundation for the preservation and protection of muggles.

SECTION V

Invasion of Principal

After settlor’s death, trustee may apply so much of the principal of the trust for the use of Hogwart’s Academy at such time or times as in trustee’s sole discretion he may deem necessary for the preservation of the Hogwart’s Educational programs.

SECTION VI

Powers of Trustee

In addition to the powers granted by law and those customarily exercised by fiduciaries, I grant to the trustee the following powers:

To retain original investments and to invest and reinvest in the trustee’s discretion, irrespective of statute or rules of law governing the investment of trust funds.

To retain any part of, or all of, the original assets constituting this trust, as well as any assets into which the original assets may be converted by reason of magical spells, corporate mergers, monetary exchange, reorganization, or similar conversion.

To sell any trust property at fair market value for cash, stock, or credit, at public or private sale; to exchange any property for other property; and to grant options to purchase or acquire any property.

To purchase casualty and liability insurance as trustee deems to be advisable.

To hire such agents, attorneys, or employees as the trustee deems appropriate.

To exercise any power or discretion without qualifying before, being appointed by, or obtaining the order or approval of any court.

To do all other acts to accomplish the proper management, investment, and distribution of the trust.

In the exercise of the trustee’s powers, the trustee shall use the judgment and care a prudent person would use if the prudent person were the owner of the trust assets.

The trustee may rely on any notice, certificate, affidavit, letter, telegram, or other paper or document believed to be genuine, or on any evidence deemed to be sufficient in making any payment or distribution.

Neither trustee, nor any successor trustee, as appointed by section nine below, shall be required to give any bond as trustee.

Section VII

Transactions with Third Persons

No person or corporation dealing with trustee shall be required to investigate trustee’s authority for entering into any transaction or to administer the application of the proceeds of any transaction.

SECTION VIII

Compensation of Trustee

The trustee shall be entitled to reasonable compensation for services rendered in administering and distributing the trust property, and for reimbursement of expenses.

SECTION IX

Removal or Resignation of Trustee and Appointment of Successor

Trustee may be removed at any time by settler by written notice to trustee. Trustee may resign by written notice to Settlor during settlor‘s lifetime or after settlor’s death to Professor Dumbledore. Until the accounts of trustee are settled, and trustee is discharged, trustee shall continue to have all of the powers and discretions granted to him under this agreement, or conferred by law. In the event of the removal or resignation of trustee, settler or Professor Dumbledore may by written instrument appoint a successor trustee. The successor trustee, on executing a written acceptance of the trusteeship, and on the settlement of the accounts and discharge of the prior trustee, shall be vested, without further act on the part of anyone, with all the estate, title, powers, duties, immunities, and discretions granted to the original trustee.

SECTION X

Accounting to Income Beneficiaries

The trustee shall render at least annually to each person or entity who is then an income beneficiary under this trust, a statement of account showing in detail all receipts, disbursements, and distribution of both principal and income from the trust since the last such statement. Unless the account is objected to, in writing within sixty days from its rendition, the account shall be deemed approved as stated. The trustee shall not be required to file any periodic accounting with any court or judicial office, even though otherwise required by law, but this shall not prevent the trustee from having the trustee’s accounts judicially settled at any time if the trustee should deem advisable to do so.

SECTION XI

Governing Law

The validity of this trust and the construction of its beneficial provisions shall be governed by the laws of the state of Connecticut in force from time to time. This article shall apply regardless of any change of residence of a trustee or any beneficiary or the appointment or substitution of a trustee residing or doing business in another state.

____________

HARRY POTTER

Dated, this 19^th day, November, 2010, in the city of London, Connecticut

RMP/dlj

PROSE AND CONS

PROSE AND CONS

I want to have a child,

But I wasn’t born with ovaries,

I wasn’t born with a uterus.

I’ll need to ally myself

With a woman,

Lie to a woman,

Lie with a woman,

Lie to myself

I wasn’t born with good eyes,

So I take the arm of good Samaritans,

Or I allow them to take hold of my hand.

To understand the world,

I borrow the sight of others,

The words they use to build

The world I need to know.

Permission granted.

I wasn’t born with sorrow:

I acquired it

From strangers who mistook

My gift for a disability.

Without sight, I write

The world into existence,

Pull words from thin air

And give them to my stories.

Copyright (c) 2010 by the author

INSPIRE

A story begins

When the narrator

Steps forward

And begins

To spill her

Words into my ear,

Teasing me,

Taunting me with

A tale to be told,

An experience shared,

An image indelibly

Imprinted, leaving me

No route, or

Reason to escape.

I am blessed--

I am cursed--

By voices that

Visit,

Waiting to be

Transcribed and translated.

They wait, sometimes

Impatiently, to

Appear upon

A page somewhere-

Their chance to

Become immortal.

Copyright (c) 2011 by the author