P R O B A T E   &   P R O P E R T Y  
September/October 2003
Other Articles from this issue
Articles from other issues of Probate and Property


Section News

2003-04 Section Leadership

The 2003-04 Section leaders took office at the ABA Annual Meeting in San Francisco, California. The new Section leaders are:


Philip J. Bagley III, Richmond, VA


Edward F. Koren, Tampa, FL

Vice-Chair, Real Property Division

Kevin L. Shepherd, Baltimore, MD

Vice-Chair, Probate & Trust Division

Christine L. Albright, Chicago, IL

Finance and Corporate Sponsorship Officer

Stephen R. Akers, Dallas, TX


Kathleen M. Martin, Minneapolis, MN

Last Retiring Chair

Dennis I. Belcher, Richmond, VA

House of Delegates Members

Neal J. Fink, Atlanta, GA

John S. Hollyfield, Houston, TX

Raymond J. Werner, Chicago, IL

Real Property Division Council Members

Nancy J. Appleby, Albuquerque, NM

Michael D. Goler, Cleveland, OH

Barry B. Nekritz, Chicago, IL

Timothy E. Powers, Dallas, TX

Roseleen Parker Rick, Richmond, VA

Ann M. Saegert, Richardson, TX

Sidney G. Saltz, Chicago, IL

Kenneth L. Samuelson,

Washington, DC

Shannon J. Skinner, Seattle, WA

Susan G. Talley, New Orleans, LA

David A. Thomas, Provo, UT

Roger D. Winston, Silver Spring, MD

Assistant Secretary, Real Property Division

Nancy R. Little, Richmond, VA

Probate & Trust Division Council Members

Jo Ann Engelhardt, Palm Beach, FL

Thomas M. Featherston Jr., Waco, TX

T. Randolph Harris, New York, NY

Ellen K. Harrison, Washington, DC

Linda B. Hirschson, New York, NY

William P. LaPiana, New York, NY

Carlyn S. McCaffrey, New York, NY

Tina Hestrom Portuondo, Coral Gables, FL

Alan F. Rothschild Jr., Columbus, GA

Gideon Rothschild, New York, NY

Harvey B. Wallace II, Detroit, MI

Linda S. Whitton, Valaparaiso, IN

Assistant Secretary, Probate & Trust Division

David J. Dietrich, Billings, MT

Welcome the New Class of Fellows

The American Bar Association Section of Real Property, Probate and Trust Law has announced the appointment of its latest class of young lawyer fellows. Members of the fellows class of 2003-05 are Kalimah White of Wilmington, Delaware, Laura Takasumi of Vancouver, Washington, Megan Proulx of Tampa, Florida, and Kellye Curtis Clarke of Alexandria, Virginia. The appointment is for a period of two years. The Section has designed the program to encourage participation in the Section's work by minorities by designating two of the fellowships for minorities. Funds have been allocated by the Section to cover expenses for each fellow to attend meetings of the Section during the fellow's two-year fellowship term.

Each fellow has been assigned to a Section committee and will have a mentor to work with during the years as a fellow. Section leaders are charged with involving fellows in the substantive work of the committees, and the mentors will work to maximize the opportunities for participation and professional development on the part of their fellows. Each fellow will also work with their mentor to produce a significant written work for Probate & Property or the Real Property, Probate and Trust Journal.

For more information about the fellows program or for nominations for next year's fellows class, pleasecontact Steve Gorin at (314) 552-6151 or sgorin@thompsoncoburn.com ,or contact the Section marketing and communications manager, Anne Hoenig, at (312) 988-5590 or ahoenig@staff.abanet.org or visit the Section web site at www.abanet.org/rppt .

Officer and Council Nominations for August 2004 Election

Pursuant to Section Bylaw § 6.1(f), following are the names of the Section 2003-04 Nominations Committee and the Section officer and council positions to be elected at the 2004 Section Annual Meeting. Any Section member wishing to submit a nomination should send it to one of the Nominations Committee members listed below.

Nominations Committee

Chair: David K. Y. Tang, Preston Gates & Ellis LLP, Suite 5000, 701 5th Avenue, Seattle, WA 98104-7078, (206) 623-7580, dtang@prestongates.com.

Vice-Chair: Dennis I. Belcher, McGuireWoods LLP, 1 James, Ctr., Richmond,

VA 23219-4063, (804) 775-4304, dbelcher@mcguirewoods.com.

Members: Timothy E. Powers, Haynes and Boone LLP, Ste 3100, 901 Main Street, Dallas, TX 75202-3732, 214/651-5610, powerst@haynesboone.com.

Alan F. Rothschild Jr., Hatcher Stubbs Land et al, P. O. Box 2707, Columbus, GA 31902-2707, (706) 243-4259, ar@hatcherstubbs.com.

Victoria M. deLisle, Locke Liddell & Sapp LLP, Ste 2400, 601 Poydras Street, New Orleans, LA 70130-6036, (540) 558-5146, vdelisle@lockeliddell.com.

Positions to be Elected, August 2004

Incumbent (Eligible for Re-nomination



Edward F. Koren (No - automatic ascension to Section Chair)

RP Vice-Chair

Kevin L. Shepherd (Eligible to become Chair-Elect)

P & T Vice-Chair

Christine L. Albright (Yes)

Finance & Corporate Sponsorship Officer

Stephen R. Akers (Yes)


Kathleen M. Martin (Yes)

Section Delegate

John S. Hollyfield (Yes) (note: misprint in magazine says no)

Council Members

Real Property

Sidney G. Saltz (Yes)

Roger D. Winston (No)

Michael D. Goler (Yes)

Barry B. Nekritz (Yes)

Probate and Trust

Ellen K. Harrison (No)

Linda B. Hirschson (Yes)

Carlyn S. McCaffrey (No)

Harvey B. Wallace II (No)

Participate and Educate:

National Health Care Decisions Week

October 19-25, 2003

Did you know about our Section's outstanding project, National Health Care Decisions Week? It is the largest campaign ever launched with the goal of educating the public about planning for end-of-life health care decisions. Did you know that only a minority of adults make their wishes known about such decisions? We encourage you to volunteer to increase awareness of these matters. This program will provide you with the opportunity to participate in community service and public education that is meaningful and focused.

National Health Care Decisions Week was initiated in October 2000 and funded by the Health Resources and Services Administration of the U.S. Department of Health and Human Services. Co-sponsors include the American Medical Association, the National Bar Association, and numerous ABA sections. Now in its third year, the purpose of this initiative is to raise public awareness of the right to health care self-determination through advance planning.

The program asks bar associations to partner with the medical community to conduct public programs on health care advance directives and organ and tissue donation and to provide pro bono aid in preparation of advance directives and donationdeclarations.

October 19-25, 2003, is the week officially designated as National Health Care Decisions Week, but bar associations can participate by hosting programs anytime during 2003. Once again, participating bar associations will receive up to $500 reimbursement of materials and advertising costs for each community program that they host.

For more information about National Health Care Decisions Week, please contact Robin Roy at (312) 988-5670 or robinroy@staff.abanet.org .

RPPT Committee Spotlight

Join a Section Committee

Committee activity provides much of the basis for our high quality educational programs and articles in our publications, Probate & Property magazineand the Real Property, Probate & Trust Journal. Some of our committees work on legislative issues on the national as well as the state level. Some committees are small working groups; others are large and accept members on an informational basis. The Section has over 100 committees involving over 3,000 members of the Section.

If you are a member of the Section, and do not belong to a committee, you are not taking full advantage of your Section membership. All Section members may join up to two committees free of charge.

To sign up for a committee, please visit our web site or contact the committee coordinator at (312) 988-5651. For the complete Guide to Committees, with committee descriptions, please visit our web site at www.abanet.org/rppt .

This issue's committee highlights:

Real Property Division—E-3 Easements, Restrictions, and Covenants

This committee focuses on the use of servitudes in both commercial and residential projects. Programs and written materials are prepared with particular emphasis on office buildings, shopping centers, and mixed-use projects. The committee analyzes competing uses of easements by utilities, cable television companies, and other fiber optic users and the land-use issues involved.

Chair: David A. Weissmann

Committee web site: www.abanet.org/rppt/cmtes/rp/e3/home.html

Probate and Trust Division—C-2 Estate Planning and Estate Administration for Business Owners

The committee focuses on estate planning, drafting, and administration issues that arise in the context of owners of closely held businesses. The committee prepares comments on legislation and regulations affecting this area, publishes information for Section members, and participates in or sponsors Section CLE programs on these topics.

Co-Chairs: Steven B. Gorin and Michael D. Whitty

Vice Chairs: Abigail Kampman and James Dean Spratt Jr.

Committee web site: www.abanet.org/rppt/cmtes/pt/c2/home.html