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In re Beatrice B. Davis Family Heritage Trust

Supreme Court of Nevada

January 26, 2017

IN THE MATTER OF THE BEATRICE B. DAVIS FAMILY HERITAGE TRUST, AS AMENDED ON ON FEBRUARY 24, 2014.
v.
CAROLINE DAVIS; DUNHAM TRUST COMPANY; STEPHEN K LEHNARDT; TARJA DAVIS; WINFIELD B. DAVIS; ACE DAVIS; AND FHT HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY, Respondents. CHRISTOPHER D. DAVIS, Appellant, CHRISTOPHER D. DAVIS, Petitioner,
v.
THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE GLORIA STURMAN, DISTRICT JUDGE, Respondents, and CAROLINE DAVIS, Real Party in Interest.

         Consolidated appeal from an order confirming appointment of a trustee and original petition for a writ of prohibition or mandamus in a trust matter. Eighth Judicial District Court, Clark County; Gloria Sturman, Judge.

         Appeal dismissed; petition denied.

          Goodsell & Olsen and Michael A. Olsen and Thomas R. Grover, Las Vegas, for Christopher D. Davis.

          Solomon Dwiggins & Freer, Ltd., and Joshua M. Hood and Mark A. Solomon, Las Vegas, for Caroline Davis.

          Lee, Hernandez, Landrum, Garofalo and Charlene N. Renwick, Las Vegas, for Dunham Trust Company.

          Clear Counsel Law Group and Jonathan W. Barlow, Henderson, for Stephen K. Lehnardt.

          FHT Holdings, LLC, in Pro Se.

          Ace Davis, Wakayama, Japan, in Pro Se.

          Tarja Davis, Los Angeles, California, in Pro Se.

          Winfield B. Davis, Wakayama, Japan, in Pro Se.

          OPINION

          GIBBONS, J.

         In this matter, we are asked to interpret several statutes related to a district court order accepting jurisdiction over a trust with a situs in Nevada and finding personal jurisdiction over the investment trust advisor; specifically, (1) whether NRS 155.190(1)(h) grants this court appellate jurisdiction over all matters in an order instructing or appointing the trustee or if the statute only grants this court appellate jurisdiction over the instruction or appointment of the trustee, and (2) whether NRS 163.5555 provides the district court with personal jurisdiction over persons accepting an appointment as an investment trust advisor for a trust with a situs in Nevada. We conclude (1) NRS 155.190(1)(h) only grants this court appellate jurisdiction over the portion of an appealed order instructing or appointing a trustee, and (2) persons accepting an appointment as an investment trust advisor for a trust with a situs in Nevada impliedly consent to personal jurisdiction in Nevada under NRS 163.5555. Accordingly, we dismiss Christopher Davis' appeal and deny his writ petition.

         FACTS AND PROCEDURAL HISTORY

         On July 28, 2000, Beatrice Davis, a Missouri resident, established the Beatrice B. Davis Family Heritage Trust (the FHT), under Alaska law, with the trust situs in the state of Alaska. The FHT was initially funded with a $35 ...


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