Hiesiger v. Hiesiger

McGivern, J. P. (dissenting).

I disagree — and I would affirm " the conclusion of the Trial Justice that the properties be returned to the plaintiff and that there be an accounting, the defendants receiving full credit and compensation, for their expenditures and efforts.

In dismissing the complaint, after overthrowing a determination in favor of an aged mother against her son-attorney-confidante, the majority are now at odds with two of the most rudimentary principles known to the law:

First, in a contest between the weak and the strong, not on terms of equality, the aged and the young, the…