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Attorney as Trustee
The Supreme Court of Kentucky found a New York attorney subject to personal jurisdiction in Kentucky for his role as trustee of the literary property of the widow of songwriter Jerome Kern. Cummings v. Pitman, 2005-SC-000861-DG. Betty Kern Miller, who lived in Kentucky, signed for a trust to handle the copyrights and royalties of the works of her late husband. Miller and her New York attorney Andrew Boose served as co-trustees.
The authority of the trustees included:
'Power to deal with Literary Property (as herein defined), with the same freedom and to the same full extent as if they were the sole and absolute owners thereof in their own right, and without limitation, make any and all agreements, contracts or arrangements which they, in their discretion, shall determine, and employ and compensate any attorneys, managers and/or agents (including any person who is serving as Trustee), for or in connection with the sale, lease, licensing, exploitation, utilization, turning to account, or other disposition of, or dealing with, Literary Property; and the Trustees shall be under no liability or obligation to any person interested in the Trust for any action taken by them pursuant to this power.'
A codicil to Betty Kern Miller's will bequeathed 'all my right, title and interest in and to any Literary Property ' to the Trustees of a trust created by Agreement executed the 28th day of April, 1995 between myself as Grantor, and myself and R. Andrew Boose, as Trustees.'
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