Jackvony, Bernard A.

1301 Atwood Ave. Suite 215 NJohnston, RI 02919

Updated: 11/01/2017

Overview

Bernard A. Jackvony

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Office Info

Current Employment Position(s)

  • Of Counsel

Practice Areas

  • Estate Litigation
  • Estate Planning & Administration

Representative Clients

  • In Siegel v. J.P. Morgan Trust Co., 71 So. 3d 935 (Fla. 4th D.C.A. 2011), represented several family members in a dispute with the J.P. Morgan as trustee who refused to provide accountings and relevant information regarding the trust. The Florida Court of Appeals held that the family members did have standing in the dispute and had the right to pursue the litigation. The court also concluded in its decision that J.P. Morgan breached its fiduciary duty.
  • In Giguere Kumble v. Voccola, C.A. No. 12-3338, represented a lifetime beneficiary of a testamentary trust ten years after the death of her husband who was also the testator. The surviving spouse and her daughter as remainder beneficiary sought to terminate the trust and demanded that the trustees distribute the trust’s assets to the remainder beneficiary. The trustees argued that the lifetime beneficiary was barred from disclaiming her interest in the trust; however, the Court disagreed and held that since there was no material purpose for continuation of the trust, the beneficiaries together were able to terminate the trust.
  • In Wolcott v. Lieberman, C.A. No. WC 12-110, represented the plaintiff step-sisters in an action filed against the co-trustees for failing to provide them with copies of a trust document and relevant information regarding the administration of three Florida trusts. The co-trustees argued that since the plaintiffs were challenging the trusts they had forfeited their interests under the trusts. The Superior Court granted the motion to terminate the trusts and later the parties settled by distributing the assets to all trust beneficiaries, including those who were not parties to the suit.
  • In Dauray v. Legion of Christ, C.A. No. 11-2640; Dauray v. Bank of America, C.A. No. 11-2757; and Dauray v. Estate of Mee, C.A. No. 10-1195, Ms. Dauray, the niece of Gabrielle Mee, a deceased widow, filed multiple actions against the Legion of Christ, Bank of America as corporate trustee, and the Estate of Gabrielle Mee, to recover $60,000,000 in gifts made by Mrs. Mee to the Legion that were later claimed to have been made as a result of undue influence and fraudulent actions by the Legion. The plaintiff is currently appealing the decision of the Superior Court that she has no standing to bring the action. In its decision the Superior Court found that Bank of America, as a professional trustee, was held to a higher standard than individual trustees. Dauray v. Estate of Mee, 2012 R.I. Super. LEXIS 141 (Sept. 7, 2012). Further, the Court listed many of the Legion’s actions which raised a “red flag,” and many of the Bank’s actions showing that it breached fiduciary duties. Id.
  • In a separate decision, the Superior Court lifted a Probate Court Order that prevented the documents from being open to the public. In Dauray v. Estate of Mee, 2013 R.I. Super. LEXIS 19 (Jan. 23, 2013). The Court found that any records relied upon the Court in making decisions were “judicial records,” and that, the balancing of interests weighed in favor of the public’s right of access to judicial records. Id.
  • In re Trust of Burford, No. PT-2006-013, an Oklahoma District Court ordered J.P. Morgan Chase Bank, N.A. to pay $18.1 Million to the Carolyn S. Burford Trust, created in 1955, which held shares of Exxon Mobil Corp. The Court found that the trustees breached their fiduciary duty through imprudent transactions in which the trustees received significant fees.

Qualifications

Bar Admissions

  • Florida, 1975
  • Rhode Island, 1970

Other Affiliations

  • Rhode Island Bar Association
  • Florida Bar Association

Honors

  • Fellow, American College of Trust and Estate Counsel

Classes and Seminars

  • Financial Management of Trusts and Estates, National Business Institute, - 2008
  • Resolving Estate, Will and Trust Contests, National Business Institute, - 2009

Pro Bono Activities

  • Fort Adams Trust
  • St. Mary's Home for Children
  • St. Thomas More Society
  • United Way Chairman Tocqueville Society
  • Oncology Nursing Society Foundation, Member
  • Oncology Nursing Society Foundation, Trustee
  • American Cancer Society Cancer Action Network, Inc. (ACS CAN), Member
  • American Cancer Society Cancer Action Network, Inc. (ACS CAN), Trustee
  • American Cancer Society New England Division, Inc, Member
  • American Cancer Society New England Division, Inc, Trustee

Past Positions

  • Moses Afonso Jackvony Ltd., Partner, 1999 - 2008
  • Tilinghast Licht & Semonoff, Partner, 1989 - 1996
  • Citizens of Rhode Island , Lieutenant Governor, - 1990
  • United States Marine Corps, Captain, 1970 - 1973

Education

  • Boston University School of Law, Boston, Massachusetts, 1975
    LL.M.
    Major: Taxation
  • Suffolk University Law School, Boston, Massachusetts, 1970
    J.D.
  • Bryant College, Smithfield, Rhode Island, 1967
    B.S.
    Minor: Accounting
  • University of Connecticut, Storrs, Connecticut, 1962

Articles

Published Works

  • Estate and Gift Tax Provisions of the Tax Reform Act of 1976, Rhode Island Bar Journal, January, 1977
  • Representing the Concerns of Your Florida-Bound Clients, Rhode Island Bar Journal, October, 1981

Office Information

Address

1301 Atwood Ave. Suite 215 NJohnston, RI 02919

Fax

  • 401-824-5123

Email

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