Lavey v. Lavey

OPINION

KELLEHER, Justice.

This dispute might be considered a sequel to Lavey v. Lavey, 119 R.I. 407, 379 A.2d 361 (1977), when in 1974 Raymond Lavey, as the administrator of his aunt’s estate, sued his brother Edward and Edward’s wife, Julia, asking that the couple be designated as constructive trustees of $45,000 that should have been part of the aunt’s estate. After hearing eight days of testimony, a Superior Court justice ruled that Edward had, in fact, defrauded his aunt of the $45,000 by telling her that the banks were about to fail and assuring her that he would preserve her funds by…