by calin » Mon Feb 10, 2014 9:54 pm
lladnar:I signed an agreement with my buddy and cousin regarding a gas lease. Just before this I'd some issues with them withholding funds from a trust account I'd been recieving revenue from a prior spring rent.
Therefore, let's see...we've got a mineral lease, a confidence, a gas lease, and an agreement that pertains to the gas lease. That's a great deal of material about which we've no details whatsoever.
lladnar:Before signing the 2nd lease(gasoline agreement) I'd themm sign a document that mentioned they'd not withhold anymore cash if i closed the lease.
Therefore, today we have a "second lease," which is really a "gas contract"? And still another contract (the "document" that the brother and cousin authorized)? Is this "second lease"/"gas contract" the same whilst the contract you mentioned within the first sentence? Or could it be the same whilst the gas lease? Or would be the gas lease and the contract you mentioned within the first sentence the same point?
lladnar:I now realized of these witholding funds again from deposit within the family confidence. Is that this breach-of-contract?
Well...putting apart the ambiguities and insufficient data mentioned previously, it seems like you'd a contract by which they decided to refrain from withholding funds if you closed another contract. Did they break that contract by withholding money? Although it may appear etc its experience, we've no method of knowing since we do not know whether withholding the money was correct in the very first position or why they withheld it. You stated the money withheld was arriving from a trust. Possibly, your brother and cousin are co-trustees of the trust. Without knowing anything more concerning the Conditions of the trust, we can not know if they were required to pay any money to you or whether they'd the capability to keep money under particular circumstances. I'd also need certainly to study whether these trustees, who, for several I know, may owe fiduciary responsibilities to a lot of different individuals besides you, may legally deal absent a discretionary power that they hold-over trust dibursements. It may also be that their work of withholding money breached their fiduciary responsibility to you like a beneficiary. If thatis the situation, what extra advantage do you get if it's also a break of Agreement?
It appears in my experience that, with all the different moving components, this really is way beyond the range of the forum and that you need to consider all of the related paperwork to some nearby lawyer for advice.