Francis G.X. Pillegi, in the Delaware Litigation Blog, discusses the case of Bryan v. Doar, (Del. Supr., Nov. 6, 2006), in which the Delaware Supreme Court held that the Bankruptcy Trustee of the Creditor Trust did not have standing to appeal a Chancery Court decision when he failed to seek substitution under Rule 25(c) or intervention at the trial level. Francis has discussion about the case, and a link to the opinion. Head over there to read the summary and the opinion.
The case is a lesson to Trustee’s to jump in quickly in any inherited cases, or risk waiving any right to contest the outcome.