Kamberos v. Magnuson

This is an appeal from the granting of summary judgment in favor of defendant.

In May 1983, plaintiff, Mrs. Patricia Murray, filed suit against defendant, Ann Magnuson, seeking imposition of a constructive trust upon monies bequeathed to defendant allegedly for plaintiff’s benefit by the will of John Abens, deceased. The claim for constructive trust is founded upon the allegation that defendant abused a confidential relationship she shared with Abens. Defendant filed a motion to dismiss which was denied.

Thereafter, on March 28, 1984, plaintiff Murray died. Her son-in-law, A. Theodore Kamberos,…