Professor Raymond C. O’Brien argues in a recent article entitled Law Firms as Trust Directors, 51 ACTEC L.J. 35 (Fall 2025) that law firms should serve as Trust Directors. It is not clear whether naming a law firm entity as a Trust Director is allowed in North Carolina given the January 7, 2026 case of In Re Russo, but probably not given that the definition of a “Power Holder” in NCGS 36C-8A-1(a)(2)(b) includes “One or more other persons each of which is qualified to exercise trust powers in this State.” This in combination with the language from the Russo case arguably means that law firms, as an entity, cannot serve as Trust Directors in North Carolina.
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Law Firms as Trust Directors in North Carolina?
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RIP: G. Robert Blakey
Article from the Washington Post about his life here. A longtime law professor and one of the main drafters of the RICO law.
From the article: “Mr. Blakey could speak at length about ancient Greek philosophy or the geology of the Grand Canyon, and had a boyish enthusiasm for art and history that led him to collect miniature medieval castles, gargoyles and religious paintings, and to acquire a full suit of armor and a replica sarcophagus. (He told his grandchildren there was a mummy inside.)
He was also well-versed in old Hollywood movies, a fact that fueled speculation as to whether he had named his landmark racketeering law after a gangster character, Rico, in the 1931 movie “Little Caesar.”
Update: NYT obit here. He was born in Burlington, NC.
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Recent Case on Caveats: In re West (N.C. Ct. App. 2026)
The North Carolina Court of Appeals issued an interesting bad facts caveat opinion in In re West (COA 25-409), published on April 15, 2026. On the merits, the case is mostly standard Andrews factors undue influence analysis and standard duress analysis, but the factual scenario is worth a read: a late stage hospital execution, heavy medication, alleged spousal pressure, and a changed contingent disposition. The dissent makes good points on the merits. The rest of the opinion is a procedural dispute over the directed verdict standard.
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New Study on Estate Planning
According to a new 2026 study by Trust & Will only 26% of people have a Last Will & Testament, down from 31% in 2025. This is despite 73% saying estate planning is personally important. More details here.
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Recent Case: McNutt v. U.S. DOJ (5th Circuit)
In McNutt v. U.S. Department of Justice, filed on April 10, 2026, the US Court of Appeals for the Fifth Circuit struck down an 1868 federal law banning home alcohol distilleries. As noted in the Volokh Conspiracy blog, it is interesting that the Court relied on the taxing power and not the commerce clause. Further commentary from the Washington Post here.